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