Outlines
Introduction and Understanding of:
· Gated Communities: Concept and application in Malaysia
· How different from sale of “strata-type of development” or
“strata bungalows”
· Significant legal and practical differences on the eventual
title issued: Individual Document of Title or Strata Titles?
· Common areas vs common property
· Individual title to these common areas and common property
General Legislations Governing Gated Development in Sarawak and Peninsula Malaysia: There are NO Specific Legislations Governing Gated Development
· The National Land Code 1960
· The Housing Development Act (Amendment) 2007
· The Strata Titles (Amendment) Act 2007
The Sale and Purchase Agreement
· For land and building
· For sub-divided building and subsidiary titles
· Legal and practical implications when incorrect sale and purchase agreement used
· Understanding “accessory parcels”
· Understanding the legal and practical differences between “sub-division of buildings” and “sub-division of land”
Managing a Gated Development
· Importance of the Deed of Mutual Covenant
· To what extent the terms and conditions may differ from the standard Deed of Mutual Covenant provided for strata title development
· To what extent the terms and conditions could fall outside the HDA
· Effect of the “Sierramas” case on negligence and misrepresentation by the developer
· Effect of representation in brochures, promotional print and electronic materials and marketing techniques
· Calculation and variation of service charges and sinking fund
· Effective methods on “collection of service charges”
· Litigation and settlement of claims
Duties and Liabilities of Developers, Management Companies in Managing a Gated Development
· Practical and legal differences between a “management company vs a Management Corporation as envisaged under the Strata Title Act
· Application of the “Building and Common Property (Maintenance and Management) Act 2007”
· Duties of Developers, the Joint Management Body (JMB) and the Commissioner of Buildings
Sub-Division and Issuance of Individual Document of Title to Gated Development
· Adverse implication on developers under a sub-sale once the title is issued
· Importance of the title to the individual purchasers
· Effect of winding-up of developers or developers having ceased to carry on business
Sub-Sale Under a Gated Development
· To what extent consent from developer can be refused
· Imposition and calculation of administrative fee
· Effect of sub-sale once the individual titles have been issued