[quote=samkps,Sep 27 2015, 12:42 PM]
Boss, in my opinion, the terms "Gated and Guarded" are referring to the security features rather than title. As long as the the project able to obtain the formal approval from local authority for full perimeter fencing, guard house and top notch security feature, for me it is already a "Gated and Guarded" housing, clearly dictated by the names itself.

Strata or individual title for me is just a "tool" on how effectively the RA/JMB/MC can undertake and maintain the "GnG" scheme.

The main difference between Strata and Individual in implementing the GnG scheme shall be as following:

1.) Maintenance fees collection
- For strata title, there is a protection from the strata title act on this maintenance fees collection. If one owner not paying the maintenance fee, JMB/MC may initiate a legal process against the owner. It maybe easy to be stated in the act, but to implement it, it is not as easy as illustrated. JMB/MC need to file a summon, obtain a court order, to get a warrant of attachment, etc... It's definitely not Ah Beng or Ah Lian can do it, most likely JMB/MC shall employ a lawyer for this purpose and thus incur charges.

That's why we still can see that Strata title is not a 100% guarantee for maintenance fees collection. For example, I believe almost all condo/service apt in KV is under strata title, but how many of them actually can get 100% maintenance fees collection every month?

Nevertheless, with the protection from strata title act, especially for those convicts who may face RM 5k fine and imprison for 3 years, I presume the percentage of maintenance fees collection shall be higher and hence more effective in GnG implementation.

- For individual title, there is no such act protecting the fees collection, rather a DMC normally applied. A DMC actually an agreement under seal, which from my perception is legal document. JMB/MC can actually execute legal exercise on those purchaser who didn't pay the maintenance fees. Of course the loophole would be on the subsale purchaser who doesn't sign the DMC during purchase. They may claim they are not aware about this maintenance fees (though everyone also knew they are lying).

Nevertheless, the DMC that I signed before normally have clause saying the the DMC apply to both current purchaser and subsequent purchaser. There is even a clause mentioning the as long as the subsequent purchaser is not undertaking the DMC, they shall not be allowed to access to the project. I am not legal expert and not sure the validity of this claim and whether the JMB/MC can sue the first purchaser who didn't comply with the DMC clauses. Nevertheless, there are still some legal protection according to DMC, although it is not as strong as the Strata Title Act.

Or course, they will be still stubborn parasite who refuse to pay the maintenance fee before legal action taken against them, but I believe it should not be the majority. These stupid maniac of course can lodge a court case to challenge the validity of the guard house etc, but there is already a precedent case mentioning guard house and boom gate actually is legal.

http://www.thesundaily.my/news/1365490

Therefore, as long as the JMB/MC able to secure enough fund, the GnG scheme shall be able to be continued. Nevertheless, the percentage of maintenance fees collection I presume should be lower than those strata title.

2.) Access to the property
- Strata title only regulate about the maintenance fees payment, but if one owner is not paying or delaying the maintenance fees, I don't think JMB/MC can prohibit them to enter to their property as well. Please enlighten if you know more.

If the non-paying owners have friend / relative come to visit him, I think somehow their access cannot be blocked as well, although the road is belonging to the JMB/MC. Please correct if I am wrong.

For public who just wants to come inside for visiting the park or jalan-jalan, the guard can block them directly since it is priviate property.

- For individual title, either the owner is paying or no paying the maintenance fees, he will still allowed to go to his property. Of course more restrictions shall apply.

If the non-paying owners have friend / relative come to visit him, they are allowed to go in with restrictions of course.

For public who just wants to come inside for visiting the park or jalan-jalan, by law the guard should allow so, but in real life mostly will reject. Of course that particular person can lodge a court case to challenge why he is not allowed to do so since it is public road / park, but in reality how many will really spending time, money and effort to do this, simply because they are not allowed to enter into the park in fencing area just for leisure?

So, in conclusion either it is strata title or individual title, for me both of them also Guarded and Gated community. Nevertheless, strata title has more advantage and more effective to implement it due to the strata act. Nevertheless, as long as JMB/MC/RA for the individual title neighbourhood collect enough funds to implement the security features that are approved by the local authority, I would definitely consider it is a GnG neighbourhood as well.

[/quote

Sam, no ler
If not mistaken, from 2007 onwards. Law oredy change. GNG only can build under strata.

Deleted

This post has been edited by Rabel: Sep 27 2015, 03:01 PM

Deleted

This post has been edited by Rabel: Sep 27 2015, 03:03 PM

[quote=samkps,Sep 27 2015, 12:44 PM]
Boss, strata title for condo/service apt already long time.. Have you heard of any legal case before?



Boss, indirectly u get the answer from ur own statement
" no legal taken so far for individual title or strata title property owner coz refuse to pay maintenance fee"
Yes that y I ask for help to find some cases as example.

1. Individual title.
Owner can sell the property, even they dun pay the maintance fee for long time coz the sub sale deal no need to obtain the letter of consent to proceed the MOT.

2. Strata title
Owner unable to sell the property cow sub sale transaction need to obtain letter of consent from RA to proceed MOT.
So, RA will instruction u to pay all the maintenance fee plus interest only they will release the letter.

Tis is very big diff. If u hold the individual title, maybe u will refuse to pay. Let say example u dun stay there or u r not happy with management. Right? Coz u still can sell the house. Somebody will think " why should I pay since dun stay there or why should I pay, the RA management is lousy? Some more they can not tk legal action and they oso can not stop me to sell house.

But if hold the strata title. Even u dun stay there or u not happy with the RA. U still need to pay. Becoz at the end, u hv to pay if u want to sell ur property. The ppl dun pay, nvm lor. At the end , they still need to pay. If they want to sell house.

This post has been edited by Rabel: Sep 27 2015, 03:30 PM

If not mistaken, need.

IC. Is good news. So, owner no need to clear the ouststanding maintenance fee oso can sell house.

Agreed Tis for strata title GnG
Not agreed Tis for for individual title GnG
😝😝

Ya good discussion
Coz sometimes we got diff experience
Good for sharing.

This post has been edited by Rabel: Sep 28 2015, 09:02 AM

Link house New launching price make sub sale market more jialat.
By the way, cluster semi d 32*70 with BU ard 3k sf. Launching price 1.17 mil n above. I think buyer will consider setia damai 14, 40*85 with BU 3kplus sf. Sub sale transaction ard 1.5 mil plus.

boss oredy ready million million cash on hand to sapu.

Actly if me, for own stay. If new launching price n sub sale price no big diff. I will prefer sub sale.
The defect of house only will appear one yr plus to two yrs after house VP.
Some more u can c the real environment, real design, real area and real house
Buy new house, everything is based on paper proposal. The more worry is house defect.

This post has been edited by Rabel: Oct 6 2015, 10:46 AM

Want to chap Sei Kai better be fast
If need to Wait till bank loan approval
Others Cash rich buyer oredy Sapu. 😝😝

So u expect setia house price will keep increasing

Diff places got diff demands
I dare not to say SA is the best place to stay.
Good for Klang ppl, does not mean good for Kajang or rawang ppl.
Something like in tropicanal height or jade hill or eco hill. Good for Kajang ppl n Semenyih ppl but does not mean good for Klang n kapar ppl

Free alarm is one thing
Two lane road become half lane especially Friday n puasa month.

By the way, only one surau in eco park since total development is 700acres.
Anybody can advise?

No lar
If not mistaken single storey banglow 2.3 mil plus
BU very small 2.4k sf only but land bigger. If not mistaken 85*85 ( can not remember )

One n half storey banglow 2.5 mil n above
Bu oso small 2.9k sf only Land is 65*85

All 3 rooms type. Suit for small family
One couple two kids.
Parents come, no room sleep

Of coz can