I am selling my house to a buyer.

when i bought the property from developer previously, other than signing the SPA, i also signed the Deed of Mutual Covenant.

if I sell my house now, does the buyer needs to also sign this document with the current resident commitee?

my house is individual title.

Valid question. I would like to know also. However I thk that agreement is between developer and onwer. Maybe RA has to come up with an agreement as well.

yeah. i want to know the answer urgently. becos i am signing SPA next week.

nevertheless, Deed of Mutual Covenant this kind of document also need to go thru lawyer to do and get stamped eventually rite? so if really needs to sign such document, meaning also need to pay extra lawyer fee for this document for buyer?

as a seller, once i sold the house, i dun think i will be liable for anything also rite even the document was signed by me previously? at most the buyer later does not pay the maintenance, he/she will be the one kena banned for entering via resident lane?

This post has been edited by westlife: Oct 8 2023, 06:02 PM

Your property is a strata title similar to a highrise.

Subsequent buyers are bound by the original dmc whether he choose to sign or otherwise.

no. mine is a individual title despite that the developers asked to sign this, i recalled they said within 5 years (could not remember exactly) or something cannot change the exterior or something only.

my precint ppl had been modifying the exterior of the house including extending the house (ours are cluster house with 10 feet of land).

so now i no need to bother whether he signs or not rite? not my business after the house is sold anyway..

Maintenance fee is tag to the property and not owner. Same with utilities.

The new buyer need to know the contents spelled in the DMC, you only need to enclosed it together with the SPA when selling it away. There is no need to sign a new deed with the MC because the original DMC has become part of the house rules enforceable by laws. In the very old units, the car park allocation was mentioned inside DMC & not inside SPA, hence you need to enclose the DMC whenever you are selling away your strata unit. Also, the rules within DMC can be amended by the elected MC if they are able to gather sufficient quorum during the AGM. The DMC need to be read together with the latest amended house rules submitted & approved by COB.

Jadehill, twi palm, ecohill, all same as your landed property, individual title and owner "voluntarily" enter into DMA to appoint management office, and all owners signed the DMA to ensure all rules are enforceable.

So yes, new buyer must sign the DMA also if not you will be continually liable if he move in and breach any rule.

To my surprise the lawyer who draft your SPA didn't aware of this. They should advise you to first inform the management office to on how to transfer the DMA to new buyer.

Call your lawyer tomorrow. By right you should have checked with your management office before you sell your house. For the DMA I signed, it clearly stated I must check with management office to let new buyer to signthe DMA in order to relieve myself from it.

Management office should have standard template to follow. Since it is just a contract without value involve, usually stamp at nominal value.

But anyway, it depend on how your DMC is drafted, it should have a clause to show on what need to be done to relieve yourself from the contract when you sell the house.

This post has been edited by Jingle91: Oct 8 2023, 07:39 PM

It depend on how is your DMC drafted last time, the DMC mean you agreed to be binded with all the clauses in it. So if it stated clearly you as seller need to take initiative to inform office, then you have to inform office and get new buyer to sign DMA with management office.

If the DMC stated the liabilities by default apply to new owner, then you are safe. When the new owner need to apply access card/rfid, he will learn all these house rules. (Which I seldom see this kind of arrangement, all need to sign new document so original owner can be fully remove from dmc)

The owner of individual title with DMC can still renovate the exterior of the house, provided it is approved by JMB. Like jadehill, need to follow color code and requirements of office.

This post has been edited by Jingle91: Oct 8 2023, 07:50 PM

individual got DMC? usually strata only

yes, i know. but it indeed had it. but if i recalled correctly, it was the first 3 or 5 years cannot modify the exterior, subsequently can. unlike strata title that is forever cannot or?

all my neighbours had started to extend/modify the exterior after 3 to 5 years which i can notice by now also. i had stayed here for 9 years+..

Who runs the community now ? Residents Association ? Developer ? 'JMB' ?

AGM conducted ? Accounts presented ?

not under developer anymore. residents here formed the committee to manage after 1 year or so. AGM conducted regularly... (i never attend any AGM as a owner here before seriously)

and during that time, there were cases reported that the previous president misused the fund etc... and it even has a period where the AGM were discussing about the worst case scenario, our precinct here the gated and guarded may be removed if cannot get more than dun know how many percent of residents support or so. although i did not attend any of the AGM before, becos they always hold the AGM at the pocket park within our precinct which is behind my house, so i ever heard that they were discussing about even building a swimming pool inside our precinct.

eventually the gated and guarded still stay, and i think instead of managing by our residents here, they engage third party to manage the funds and the management of the community here. after that, no more AGM i had even heard about them organising...

but to be fair, the security here is good, the security guards here are very responsible that i always see them patrolling no matter day or night, and they are very diligent in handling guests or outsiders coming in to the precinct. owner either needs to provide a invite to the guard in advance thru app which they can use the QR code to enter or the guards will call owner to verify if he is expecting someone like delivery man, guest etc., then once the guest or outsider reaches the guard house, the guards will also ask for license to verify ID, and record their mobile no and take photo of the driver before they enter, and when they exit, they must verify their faces at the exit (outsiders) via the machine before they can exit.

Got, like jadehill gamuda and ecohill prescient 3 opposite of clubhouse, the house is under individual title, but on paper the owner "voluntarily" (actually they must sign it together with S&P, no exception) enter into permanent agreement with developer to follow all the rules stated in DMC and agreed to pay the management fee. So it look like gated and guarded community like stratified property, but it govern by the DMC as contract, not under strata act. So the owner can still renovate the exterior of house, but must get the approval from management office since they already "agreed" in the DMC. But usually only corner lot can extend the house if they got land space, intermediate can't do much, like you can't extend car porch and build a balcony on it, some uniformity need to maintain, or if your unit is open concept so you also can't install auto gate. At most the 5 or 10 feet empty land at back yard can be extended. Before that must submit all drawing to the office and pay deposit, if not they won't issue working permit to your contractor. So they got more flexibility.

One more example is my relative house in jadehill can install the solar on rooftop and leave the conduit pipe on the back of exterior wall, but my house under strata must conceal and can't let any wire or pipe appear on exterior wall.

This type of DMC is just another commercial contract and depending on how the initial contract was drafted, it may not bind subsequent purchaser unlike those strata properties.

It should be run by your JMB form by residents, they must have appointed licensed property management company to manage the community, but usually developer will still have "invisible hand" at the back.. And I think AGM was allowed to be suspended in past few year due to MCO. Starting this year, all must conduct AGM and submit report to local council.

For jadehill no such loophole la, the DMC is drafted by lawfirm with bullet proof. It is original owner's duty to ensure new buyer to sign new DMC with management office so his name can be removed. So this is also good point when you buy from established developer.

my side here is cluster house, so all houses can extend the empty land at the side.

although it is individual title, the owners are quite ok, none of them do significant difference in the changes for exterior, all still try to main the basic colour theme of grey colour.

Can't be sure with that as every good and famous lawyers will also lose some cases in court 😂