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