Topics’ Outline

Speaker

Topic’s Outline

Andrew Wong

Topic:

Highlights of the New Strata Management Act & Differences Between the New and Old Regime

Outline:

In highlighting the changes made to laws relating to the management of buildings and the common property, the speaker will discuss the differences under the old and new regimes, which will include:

• the structure of management;
• consequences of the latest legislations;
• importance of allocated share units in a building intended for subdivision;
• computation of Charges and contribution to the sinking fund for all periods of management;
• duties and powers of management bodies, constitution of management committees, eligibility to be elected, rules for all meetings, quorum, right to vote, right to appoint proxy or corporate representatives, statutory by-laws, different types of resolutions;
• limited common property;
• the Strata Management Tribunal and its jurisdiction and powers

YP Cheong

Topic:

Understanding the new Strata Management Regulations 2015, the New By-Laws & the Forms

Outline:

New Forms under the Strata Management (Maintenance And Management) Regulations 2015 including:

• Handing over by Developer and Joint Management Body (JMB)
• Notice of first AGM of JMB and MC– annual budget to be prepared by developer, to make any additional by-laws, how to appoint a proxy, voting by poll
• Notice of Resolution
• Register of Parcel Owners and Strata Roll
• Certificate by Developer and JMB of amount payable by parcel owner or prospective purchaser
• Bond to JMB or MC if Property Manager is not a registered Property Manager
• Notice of Developer to Commissioner of Buildings (COB) of intention to deliver vacant possession to Notice of COB to Developer of amount of deposit to rectify defects in common property
• Notice of claim against common property defects account
• Certificate of Inspection of Inter-floor leakage/damage to party wall

Procedure for attachment of movable property, inventory, auction process, record and statement of sale
Procedure for appointment of managing agent by Commissioner, management agreement and bond
How to resolve Inter-Floor Leakage and damage to party wall
By-laws for strata management

Nicholas Chang

Topic:

Review on Recent Court Cases and Impact on Strata Management

Outline:

One of the main focal point of this presentation will be common property in a strata development. The presentation will attempt to refer to reported cases to answer common queries such as:

• What are the tests to determine a common property of a strata development?
• Is a common facility automatically deemed to be a common property?

This presentation will also place emphasis address the common questions related maintenance charges and strata development such as:

• In sub sale cases; will the current buyer be liable for outstanding uncollected maintenance of previous parcel purchasers?
• Is a developer / proprietor of an undeveloped portion of a strata development (provisional block) liable to payment maintenance charges?
• Can a buyer claim exemption from payment of apportioned maintenance charges of a part of the common property, which he does not enjoy or use?

Sr Hajah Soliha Ahmad Nasaruddin

Topic:

Role
of the Commissioner of Buildings as a Mediator and Expectations of
Joint Management Body, Management Corporation, Developer and Owners

Outline:

The post of Commissioner of Buildings (COB) was introduced by the Government via the Buildings and Common Property (Maintenance and Management) Act 2007 (Act 663) with the main purpose of administering and carrying out the provisions of the Act namely for the proper maintenance and management of stratified buildings, their common property and other incidental matters. Within the job scope of the COB, it is stated that the COB has a role to give advice and mediate disputes by attending to complaints on a whole range of strata management issues. In the absence of the Strata Titles Board which was supposed to have been established under the Strata Titles Act 1985 and the lack of avenues to resolve disputes except for the courts, most of the complaints from purchasers and registered owners who are also members of Joint Management Bodies (JMB) and Management Corporations (MC) respectively, went to the COB. Mediation or dispute resolution became a major responsibility of the COB although the COB has been tasked with other similarly important duties under the law. This is due to the high expectations and hopes of all parties concerned in strata communities for what is perceived as a quicker, easier and costless way to settle disputes and resolve issues. Many come to the COB with the hope and determination that the outcome of a complaint would be settled their way and not what is prescribed by the law. With the enforcement of the Strata Management Act 2013 (Act 757) on June 1st, 2015, the COB has been entrusted with more clearly outlined supervisory functions. Along with those involved in strata community developments, there is a sense of relief that finally the Strata Management Tribunal provided for under the Act is going to be in business. After so many years of having to resolve disputes with the limited powers bestowed under the repealed Act 663, time will tell whether the COB can truly concentrate on its other listed functions without having to devote so much time and energy in dispute management anymore.

Sr Chan Keat Lim

Topic:

Schedule of Parcels – WYSIWYG

Outline:

• Why Schedule of parcels (SP)?
• What is SP?
• Relevant provisions of Strata Management Act 2013 and Strata Management Regulations 2015.
• Proposed share units of each parcels.
• How would stratified project launched before the commencement of the Act be affected?
• How would project with phase development be affected?
• Impact of SP to developers, professionals and purchasers.
• Mechanisms to ensure the smooth implementation for issuance of strata titles upon vacant possession.