Strata Titles
17A: the MC may create 1 or more
-Strata Titles Act:
=) S. 4: ‘accessory parcel’, ‘parcel’, ‘original
proprietor’, ‘proprietor’, ‘strata title’, ‘super
structure stage’
=) S. 6 (1): any building having 2 or > storeys
-Strata Management Act:
held as one lot under final title (whether
Registry or Land Office title) shall be capable
of being subdivided into parcels
=) S. 34: rights of proprietor in his parcel and
common property
-notable 2013 amendments of STA:
=) S. 2: extended the application of STA to the
Federal Territory of Labuan
=) S. 4B: introduce the Electronic Land
Administration System of Strata Titles shall
come into operation in any Land Registry
upon notification in the Gazette
=) S. 7: the original proprietor may apply for
subdivision of a building or land
=) S. 8: the application for subdivision shall be
made within 3 months from the date of the
issuance of the documents certifies the
super structure stage
=) S. 8A: the procedure of the application for
subdivision is now divided into 2 phases:
original proprietor of any alienated land
shall apply for a certificate of proposed strata
plan (CPSP) to the Director of Survey, then,
the Director of Survey shall check and upon
satisfaction issues a CPSP under S. 8A (8)
(a)
under S. 8 (3), upon receive of CPSP, the
original proprietor shall apply for subdivision
within 1 month from the date of issuance of
CPSP
=) S. 17 (3): upon opening of book of strata
register, there must be having a
Management Corporation (MC) which
consisting all the parcel proprietors. Such
MC shall apply for a certificate from
Registrar which certifying the establishment
of MC as a body corporate
=) S.
subsidiary MC to represent the different
interests parcel owners
=) S. 19A: the transfer of strata title shall be
executed within 30 days from the date of
issuance of strata title
=) note: to be read together with STA
=) repealed Building and Common Property
(Maintenance and Management) Act 2007
=) S. 6 (1): a developer intended for subdivision
into parcels shall not sell any parcel unless a
Schedule of Parcel has been filed with
Commissioner of Building
=) S. 6 (3): Schedule of Parcel shall contain: …
(refer Act)
=) S. 6 (5): a copy of the Schedule of Parcel
shall be exhibited at a spot in the office/
other places where the sale of strata
property is conducted
=) purpose: to promote transparency
strata management before existence of MC:
=) application:
S. 7 (1): Part V shall apply to development
area where:
~vacant possession of a parcel has been
delivered by developer to a purchaser, and
~at the time of delivery of vacant
possession, the MC has not come into
existence
S. 7 (2): ‘developer’s management period’ =
the period from the date of delivery of vacant
possession of parcel to purchaser until 1
month after the establishment of JMB
developer’s management period before
JMB is established
=) S. 9 (2): duties and powers during the
developer’s management period (refer Act)
=) S. 9 (3): powers of the developer during the
developer’s management period (refer Act)
=) S. 9 (4): during the developer’s management
period, developer shall:
 ensure an area is set aside out of common
property for an administration office
not enter into any contract relating to the
maintenance and management of building or
land intended for subdivision into parcels
and the common property for any period
after the expiration of the developer’s
management period
=) S. 9 (5): any developer who fails to comply
shall be punishable … (refer Act)
=) S. 11: developer to establish sinking fund
account.
=) S. 12 (1): compulsory for purchaser to pay
maintenance charges & sinking fund
=) S. 12 (2): developer shall pay the
maintenance charges and sinking fund for
unsold units
=) S. 15: a developer shall before the
developer’s management period expires;
transfer all money in maintenance account
and sinking fund account to JMB
hand over JMB: … (refer Act)
establishment of JMB
=) S. 17 (1): a JMB shall be established upon
the convening of the firsts AGM within 12
months of handing vacant possession
=) S. 17 (2): JMB shall be a body corporate
having perpetual succession and a common
seal, may sue and be sued in its name
=) S. 17 (4): JMB shall comprise the developer
and the purchasers
strata management after the existence of
MC
=) S. 57 (1): it is the duty of the developer to
convene the first AGM of MC within 1 month
after the expiration of initial period
=) S. 57 (2): punishment (refer Act)
=) note: the initial period in relation to a MC of a
strata development = the period
commencing on the day the MC is formed
and ending the day on which there are
proprietors excluding the original proprietor
of the lot who is registered as proprietor a
parcel
=) S. 58: agenda for first AGM (refer Act)
=) S. 59: duties and powers of MC
strata management tribunal
=) S. 105: the Strata Management Tribunal
shall have jurisdiction to hear and determine
any claims specified in Part I of 4th Schedule
(pg 166 SMA) where the total amount of
award sought does not > RM 250,000
=) S. 106: a person who filed a claim in
Tribunal cannot make a claim in any other
court unless the proceeding in court is
commenced before the claim is filed in
Tribunal / the claim in Tribunal was
withdrawn / struck out
=) S. 107: persons entitled to filed claim
=) Hong Leong Finance v Sun Projects Sdn
Bhd
obligation to pay the service charges lay on
the 1st purchaser notwithstanding the deed
of assignment as only the rights, title and
interests in the SPA were assigned to the
bank
it is the duty of 1st purchaser to clear all the
dues to developer, not the subsequent
purchaser
=) John Denis De Silva
P. was the owner and resident of a
condominium unit, MC cut off the water
supply to his unit, alleging that P. owes
maintenance & water charge, in fact, P. had
paid all the charges
held: in the interest of justice, it would be
ideal to maintain the status quo of the parties
pending the determination of the other
issues at hand by allowing the injunction to
continue
=) Kiaramas Development Sdn Bhd v
Perbadanan Pengurusan Kiaramas
issue: whether pursuant to Clause 19 of
Schedule H, it is mandatory for a developer
to collect monthly service charges from a
purchaser for the maintenance &
management of common property prior to
the establishment of a JMB & MC and
whether the developer has the discretion to
waive such monthly service charges for any
period without the prior written consent of the
Controller of Housing
held: Clause 19 show that:
 ~purchasers were only obliged to pay the held: there is no evidence to show that the
service charges which is fair and justifiable car park bays are ‘accessory parcels’, in
for the maintenance and management of such situations, the car park bays must be
the common property and for the services treated as common properties
provided by the developer, and
since the cark park bays are common
~amount to be collected by the developer properties, it does not belong to developer,
must be the amount sufficient for the actual further, the House Rule attached to SPA
maintenance and management of the showed that the shop lots were meant to
common property provide common facilities to the residents,
since the shop lots from part of the common
Clause 19(4) also provides that the monthly
property, they do not belong to the developer
service charges were only due and payable
by the purchases upon a notice of payment therefore, the developer had in breach of
given by the developer duties as it did not deliver the shop lots to
the JMB, instead, the shops were used for
in other words, enables the developer to
commercial purposes & leased out for its
choose not to claim from the purchases any
monthly service charges. (developer may
waive monthly charge)
=) Tan Ong Ban
issue: whether the principle of beneficial
ownership applied to the statutory contract
prescribed by the HDA (yes) and whether S.
340 (1) of NLC applied to strata property in
which the individual title is yet to be issued
(no)
held (FC): according to the principle of
beneficial ownership, when a purchaser has
performed his contractual obligation upon
the full settlement of the purchase price,
equity accords him with all the rights of a
legal owner even though he has yet to
become its registered owner
in such situation, vendor becomes a bare
trustee for purchaser, while the purchaser is
the beneficial owner having right in rem over
the property
principle of beneficial ownership applies to
the purchaser immediately after the
purchaser entered into a SPA of property,
which includes statutory contract prescribed
by HDA
S. 340 (1) of NLC only speaks of registered
title or interest. Therefore, the proviso to S.
340 (3) of NLC did not apply to the instant
case as the strata title was yet to be issued
at the material date
=) Ken Property Sdn Bhd v Badan Pengurusan
issue: whether the car parks and shop lots
formed part of the common property or
owned by developer.