Clearing doubts regarding Strata Management Act 2013
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Ismail Sabri, Wee & Wong partners Ng Choon Yon and Greyson Siow Wai Pin answer readers’ queries regarding issues concerning strata properties.
Q: The Sales and Purchase (S&P) Agreement was signed on 2012. The Certificate of Completion and Compliance (CCC) was issued on Oct 2015. Therefore, is the current Strata Management Act (SMA) 2013 rules are to be complied and be enforced with the new requirement especially for the issuance of Strata Title?
A: Strata Management Act 2013 (SMA 2013) is a single piece of legislation of essentially all provisions governing the operations of management corporations within Peninsular Malaysia and Labuan. It sets out the provisions dealing with the maintenance and management of stratified properties in detail - this is where the obligation to pay maintenance fees and sinking funds arises from.
In fact, all rules set out in SMA 2013 are to be complied with whether or not the parcel of land/building is sold before the commencement of the Act (i.e. 1 June 2015), save for Part III of SMA 2013 which contains provisions facilitating land/building subdivision and issuance of strata titles.
The principal legislation governing the land/building subdivision and issuance of strata titles is Strata Titles Act 1985 (STA 1985). It is therefore necessary to refer to both STA 1986 and SMA 2013 for matters in connection with the issuance of strata titles. STA 1985 has been amended via Strata Titles (Amendments) Act 2013 which comes into force on 1 June 2015.
In our reader's case here, the building is completed after 1 June 2015 and the sale of the parcel has taken place before 1 June 2015, the developers are required to apply for the certificate of proposed strata plan (CPSP) 3 months from the date of issuance of the CCC. Supposedly after obtaining the CPSP, the developers shall then apply for subdivision and issuance of strata titles within 1 month from the date of issuance of the CPSP, accompanied with the schedule of parcels and other documents.
Disclaimer:
All data and information provided are for informational purposes only. All information is provided on an as-is basis. All users are strongly encouraged to seek professional advice before relying on any data or information provided.
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