Tuesday, August 7, 2007

Where Are Our Strata Titles?

Source : The New Paper, August 07, 2007

THEY bought their terrace houses In Johor, Malaysia almost seven years ago, but have yet to receive the title deeds.

-- Picture: MOHD ISHAK

The hold-up has left some Singaporeans unhappy and jittery over their properties across the Causeway.

One of them, Terence (not his real name, which he declined to give), paid RM339,000 ($148,900) for a 3-bedroom terrace house at Garden Court in 2000 but said he has yet to receive the title deed.

Garden Court is a housing development within the Leisure Farm Resort Residences in Johor developed by Mulpha International Berhad.

The 731 ha estate is about a half hour's drive from the Tuas Second Link and has 82 units sharing facilities like a gym and swimming pool.

Half the residents there are Singaporeans and other foreigners.

The development is like a condominium, and each owner is supposed to receive a strata title as proof of property ownership.

But Terence and others living in Garden Court are yet to receive theirs.

He and his wife live in a four-room HDB flat here, but use their Garden Court house up to five times a week to get together with his Malaysian in-laws.

He said: 'If I don't have the strata title, I don't feel like I own the place at all.'

Another Garden Court resident, John (not his real name), faces the same problem.

He bought a two-bedroom apartment there two years ago for RM371,000.

He said: 'Without the strata title, I may lose my house if another developer takes over the land and decides to sell it.'

John lives in Garden Court with his family most of the time, though he owns a five-room HDB flat here.

Problems with strata titles form the most common complaint received by Malaysia's National House Buyers Association in 2005.

Three out of 10 complaints involved strata titles.

The second most common complaint - two of out 10 - are about management and maintenance.

SELLING REQUIRES APPROVAL

Terence said he understands that before they receive their strata titles, residents can sell their properties, subject to the developer's approval.

A spokesman for Leisure Farm, however, said this was not correct. (See report below).

Without strata titles, residents also cannot form management committees to look after their property.

Now, the developer manages Garden Court - an unfavourable arrangement, said Terence.

He explained: 'The management is slow to respond to complaints.

'For example, when the swimming pool pump broke down in 2002, it took six months after the first complaint was made to get it fixed.

'It still broke down after that.

'Also, new gym equipment was given only a year after residents complained about the equipment being too old.'

Leisure Farm said Garden Court owners can expect to get their strata titles in half a year's time.

But Terence appears to have had enough of the place.

He said: 'When I bought the house, I didn't see it as an investment at all.

'The house was bought to make it convenient for my family and my in-laws to meet.

'But now, after all the trouble I've gone through to get information from the developer, I feel like selling the house.'

Developer: 'Deeds Will Come In Six Months'

A SPOKESMAN for Leisure Farm said Garden Court residents can expect to get their strata titles in about half a year's time from now.

He added that:

Residents do not need the developer's consent to sell their houses.

Mulpha International will arrange for a meeting with residents to form a joint management body by this year or early next year.

Leisure Farm has an 'open communication approach with the owners' on issues like audit of accounts.

Accounts are audited annually and are prepared for inspection by the owners.

There is a maintenance team that ensures 'regular upgrading of the infrastructure' and 'pest control and landscaping works are implemented to ensure residents' safety'.

1 comment:

Anonymous said...

LEISURE FARM RESORT (JB) woe

SO WHO TAKES THE BLAME? DEVELOPER, PEJABAT TANAH & GALIAN (LAND & MINE) OR OWNER'S OF STRATIFIED DEVELOPMENT owning a development of strata schemes concept…. on delay, to approved and distribution of certificate of subsidiary Strata title. It may be worthwhile for all department and individual concerned in understanding the concept of Strata Titles ownership and practice the by-laws in the Strata Title Act.

Cause the Act rest on 3 premises:
i. the creation of registrable subsidiary lots.
ii. formation of a management corporation to look after common property.
iii. by-laws which provide a code of conduct for subsidiary proprietors.

Hence, with the Act a subsidiary proprietor became:
i. the owner of his lot.
ii. a member of the M.C which consists of all subsidiary proprietors.
iii. a co-owner with other subsidiary proprietors of the common property with the same Strata Scheme.

It seem the developers of the project (LFR) have chosen to ignore the relevant laws and have acted irresponsibility (to date still no Strata title Act and now BCPA 2007 enforce, JMB formed but JMC dispute on account...... handover not done ).

Must get all owner's together collectively, so as to safeguard the interest
of all, so if thinking of buying a subsidiary stratified stay, getting together collectively at early stage of the development is advisable, cause developer do not fulfill the concept of subsidiary strata titles ownership and practice the by-law in the Strata Title Act due to lack of enforcement by authourity. House buyer thus need to be well prepared for all kind of situation and the best defence is knowledge. Understanding the concept of strata titles ownership and practice the by-laws in the Strata Title Act, show unity, exercising their rights at all times and continually keeping at the heels of the developer to expedite the transfer of titles. Its is not entirely necessary for residents to wait until the issuance of titles in their favor. ( no sense of belonging cause we are Singaporean and not Malaysian.)

http://www.iproperty.com.my/reviews/hba2/coverpage.asp

http://www.myrealestate.com.my/viewtopic.php?t=6606&sid=8b7728932754bce7cb5319705a2ddf1c

http://propertyhighlights.blogspot.com/2007/08/developer-deeds-will-come-in-six-months.html

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