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General
Amendment Act A1450
what are the rights of a parcel proprietor?

a. To make dealings such as transfer, lease, mortgage, subdivide and amalgamate his parcels;
b. To vote at the Annual General Meeting (AGM) and extraordinary general meeting conducted by the Management Corporation;
c. To exercise rights on common property according to share units allotted;
d. To exercise rights on supports and services such as provision of water, sewage, drainage, electricity, garbage collection and other services;
e. To exercise rights to examine records and accounts of the Management Corporation.

What is a common property?

Common property refers to any part of the lots which is not comprised in any parcel. For example, visitor parking, elevators, stairs, main tanks and guard house.

What is the management fund?

Management fund is managed by the Management Corporation. It includes management fee / service charges of the common property, fire insurance premiums, special accounts and others.

What is a Management Corporation?

Management Corporation is a corporate body which may prosecute and be prosecuted. It exists under the Strata Titles Act 1985 and does not need to be registered with the Registrar of Companies or the Registrar of Societies. It has a perpetual succession right.

What is accessory parcel?

Accessory parcel is any parcel which is used exclusively by the parcel proprietor. For example, the car park that can only be used exclusively by the proprietor.

What is a strata scheme?

Strata scheme is a property development which divides buildings or land into parcels, boxes and accessory parcels and common property in which management system has been set up. For example, flats, apartments, condominiums, townhouses and landed houses in gated community schemes.

what are the prohibitions on a parcel proprietor?

a. To use the parcel for any illegal purposes ;
b. To use fuels which may give rise to smoke or stinking smell;
c. To throw or drop any refuse or rubbish in the common property area;
d. To keep any animals in his parcel which causes annoyance to any other proprietor.

What are the duties of a parcel proprietor?

 

a. To contribute to management fund;
b. To comply with the by-laws currently in force;
c. To attend annual General Meeting and Extraordinary General Meeting
d. To comply with any directive issued by the public authorities / local authorities to the parcel owned.

 
Why does owner need strata title?

Strata title is a proof of ownership for the purpose of dealings. For example transfer, charge, lease and small estate distribution.

Do I have to pay the assessment fee eventhough i had paid management fund?

Yes. Assesment fee is a tax imposed on properties located in the Local Council, such as residential, commercial and industrial. The power to tax properties is provided in Section XV of the Local Government Act (Act 171) 1976.

 
Enforcement actions imposed for late or non-submission of applications for strata titles to PTG.
Yes, the developer / landlord may still be penalized for failing to submit applications for strata titles to PTG.
Who is responsible for enforcing the failure of the developer/ landlord to apply for a strata title at the super structure completion stage?
The State Director of Lands and Mines (PTG) concerned.
What should the Director of Lands and Mines (PTG) Office do if the application for the Certificate of Share Unit Formula (SiFUS) is found to be problematic since the beginning and can not be approved?
The Certificate of Share Unit Formula (SiFUS) contains the elements of the Schedule of Parcels and Building Plans that have been approved. Accordingly, if the PTG finds the information inconsistent, the PTG may reject the application.
What is the difference between the new workflow concept of strata ownership issuance compared to the previous concept?
  1. Shorter strata title issuance period.
  2. Strata titles will be registered in the name of the landowners/ developers simultaneously with the vacant possession surrender, in line with the new concept of issuance of strata titles.
  3. Landowners/ developers should appoint licensed surveyors, survey deposit to the Land Surveyors Board and determine the share unit formula to OSC before the approval of building plans.
  4. The request for review of the strata proposal plan is forwarded to JUPEM earlier, which is after the completion of the super structure preparation versus the current practice where the application is submitted after the Certificate of Fitness for Occupation (CFO) or Certificate of Completion and Compliance (CCC) is issued.
  5. The application for a strata title must be with a permanent title property. The application for strata titles on temporary land ownership status is no longer permitted.
  6. Charges must be released before the application is received.
Who is incharge of issuing the Certificate of Subsidiary Management Corporation?
The Certificate of Subsidiary Management Corporation is issued by the State Director of Lands and Mines.
To whom should the application to establish the subsidiary management corporation be submitted to?
The corporation management needs to obtain a comprehensive resolution before creating a limited joint property and a subsidiary management corporation. An application to establish a subsidiary management corporation must be submitted to the PTG using the Form 9 AHS.
How is the workflow for the new concept of simultaneous issuance of strata title and vacant possession (VP)?
  1. This new concept suggests that the following will be followed before the building plan approval can be provided:
    1. Landowners/ developers have appointed licensed surveyor
    2. Landowners/ developers have deposited survey fees to the Land Surveyors Board
    3. Landowners/ developers have set the calculation formula for share units
    4. Any land-related issues or problems have been resolved at the Planning Permission stage
  2. Upon the issuance of licenses and sales permits, land owners/ developers may sell and begin construction.
  3. Within 3 months (additional 1 month appeal) after the Principal Submitting Person (PSP) confirms that the project has reached a super structure stage, the landlord/ developer must submit the Strata Proposal Plan to JUPEM.
  4. JUPEM will then review the plan within 1 month and if it is certified as in order, JUPEM will issue the CPSP to the landlord/ developer.
  5. The landlord/ developer is subsequently given a 1-month period (an additional 1 month appeal) to submit an application for a strata title to the State PTG.
Is the subsidiary management corporation involved with the parent management corporation?
The subsidiary Management Corporation is responsible for the parent management corporation.
When can a subsidiary management corporation be established?
The subsidiary management corporation may be set up after the establishment of a management corporation subject to a comprehensive resolution carried out under the Strata Management Act 2013.
The amendment of the Strata Titles Act 2013 has issued a section relating to management corporation. Where can parcel owners/ management corporation make references regarding management corporation after this?
Parcel owners/ management corporation can query directly to the Commissioner of Building in accordance with the gazette of the Strata Management Act 2013.
Housing development is tied with Schedule H. How about commercial development? And also the Schedule of Parcels?
An application to file for the Schedule of Parcels requires the Share Unit Formula Certificate number. The Schedule of Parcels is used for all developments, therefore SiFUS is also used for all developments.
Can it be required that the developer appoint a Licensed Land Surveyor when the building plan is submitted for approval?
In the Amendment of AHS, Licensed Land Surveyors and Architects shall be appointed prior to SiFUS application. However if Licensed Land Surveyors and Architects are appointed earlier i.e. when the building plan is submitted or prepared it is more appropriate that the Schedule of Parcels provided is in line with the building plans.
What is Schedule of Parcels?
Under Section 6 (1) of the Strata Management Act 2013, developers shall not sell parcels without first filing the Schedule of Parcels to the Commissioner of Building.
A Schedule of Parcels contains:
  1. Location plans, levels and markings such as in Section 9 AHS
  2. Parcels, joint property and accessory parcels
  3. JUBL’s certification that the scheme can be subdivided
  4. Certification from Architect/ Engineer that the building/ land parcel that will be built is according to approved plans.
What is the Certificate of Share Unit Formula (SiFUS)?
SiFUS is a certificate by the State PTG as one of the pre-conditions for the application of strata titles. SiFUS will be issued by the State PTG once the original owner/ developer completes the land requirements.
At what stage can the share unit formula be determined based on the new concept of strata title issuance workflow?
Based on the new workflow concept, the share unit formula is determined earlier, after the approval of the building plan.
For the issue of construction of blocks at different stages, when will the proposed strata plan certificate application be submitted if any of the blocks have achieved the key structural recognition?
Application for the proposed strata plan certificate can be submitted after all blocks reach the main structure stage provided the difference between the buildings is not significant (within 3 months all blocks reach the main structure stage).
Can a CPSP application be made in a situation where the main parcel is complete but the accessory parcels that will be linked to the main parcel are still incomplete? Is the G12 (super structure) stage reached?
The G12 (super structure) stage will only be achieved when the main structure of the building is ready. For the case of accessory parcels (vehicular parking) which does not involve structural construction, the CPSP application can still be carried out.
How much time is given to the developer / landlord to apply for a strata title from the stage of completion of the main structure (super structure)?
  1. The landlord/ developer has to submit the Strata Proposal Plan to JUPEM within 3 months (an additional 1 month appeal) from the date of the completion of the super structure stage.
  2. The landlord/ developer shall then submit the application for the strata title to the State PTG within 1 month (additional 1 month appeal).
What is the Super Structure Stage?
Based on its interpretation, the Super Structure Stage means the stage at which the completion of the building works as certified by the relevant by-laws made under the Road, Drainage and Building Act 1974 [Act 133].
When is the mandatory period for the application of CPSP for cases of buildings that have been sold and completed before the amendment is enforced (before commencement of use)?
Within 3 months after the amendment is enforced.
When is the mandatory period to apply for a strata title through this proposed amendment?
There are 5 conditions for compulsory application of strata titles:
  1. In the case of a new concept of workflow that deals with the sale and purchase agreement and super structure stage occur after the effective date of the amendment of the Act, the period of compulsory application of strata is 3 months from the date of the super structure stage.
  2. For the terms of the sale and purchase agreement made before the effective date of the amendment of the Act and the CCC/ CFO issued after the effective date of the amendment of the Act, the period of time required to apply for a strata is 3 months from the date of issuance of CFO/ CCC.
  3. For buildings sold or issued a CCC/ CFO after the amendment of the act, the mandatory period to apply for strata shall be 3 months from whichever is later.
  4. In the case of a sale and purchase agreement and CCC/ CFO issued prior to the effective date of the amendment of the Act, the mandatory period for applying the strata is 3 months from the date the Act is gazetted.
  5. In the case of CCC/ CFO being issued before the effective date of the amendment of the act but the sale and purchase agreement is made after the effective date of the amendment of the act, the mandatory period for applying the strata is 3 months from the date of the sale and purchase agreement.
Once after the amendment is enforced, does the application for building subdivision require the new Form 1?
Yes.
What can a buyer do when the Developer/ Landlord is wound up but the strata title has not been applied?
Buyers may contact a liquidator to make a breakdown application of the building. However, if the liquidator has no provision to cover the cost of the application, all costs will be borne by the buyers.
I bought an uncompleted residential parcel (phased development) but is expected to be completed after the enactment of this Act. Am I eligible for a strata title simultaneously with vacant possession?
No, the concept of a strata title simultaneously with vacant possession only applies to a sale and purchase agreement (including phased developments) signed after the enforcement of the Act.
I bought an apartment prior to the enactment of the Act A1450 amendment. Can I get a title simultaneously with Vacant Possession?
The concept of strata titles simultaneously with Vacant Possesion does not apply to buyers who purchase parcels before the A1450 amendment.
What is the difference between the Strata Management Act 2013 and the Strata Titles (Amendment) Act 2013 (Act A1450)?
The Strata Titles Act 1985 encompasses the application procedure and registration of strata titles i.e. from vacant possesion until the management corporation is established while the stratified building management is placed under the Strata Management Act.
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