Strata Titles and Strata Property Management in Malaysia has had a chequered history.
Prior to the introduction of specific laws relating to strata property and strata management, various studies were conducted, comparing the laws in the United States, India, Australia and Singapore.
Subsidiary titles under the National Land Code 1965
The first attempt was subsume strata properties under the National Land Code 1965. Such properties were deemed to have subsidiary titles. Several sections from s151 to s374 made provision for this. However, as the NLC was was more atuned to land, this was found to be unsuitable.
Strata Titles Act 1985
This Act is modeled after the New South Wales Conveyancing (Strata Titles) Act 1961 and the Singapore Land Titles (Strata) Act 1970. It applies only to Peninsular Malaysia. Sarawak is governed by the Sarawak Strata Titles Ordinance 1974 and Sabah is governed by the Sabah Land (Subsidiary Title) Enactment 1972. The Act was found to be inadequate.
Strata Titles (Amendment) Act 2007
This introduced the concept of land strata, thereby allowing a gated and guarded community to be statutorily created and regulated like other types of strata schemes.
Building and Common Property (Maintenance and Management) Act 2007
This Act was introduced to provide for the proper maintenance and management of buildings and common property. It established the office of Commissioner for Buildings. It also established the Joint Management Body and Joint Management Committee.
Strata Management Act 2013
This Act was introduced to replace earlier provisions relating to the proper maintenance and management of buildings and common property. It repealed the Building and Common Property (Maintenance and Management) Act 2007 – s153 SMA 2013
It also repealed major portions of the Strata Titles Act 1985 relating to maintenance and management of strata properties.
Strata Management (Maintenance & Management (Regulations) 2015
This was introduced by the Minister. It provides skeletal by-laws.
Strata Titles (Amendment) Act 2013
This Act extended the STA 1985 to Labuan. It was amended and its provisions were harmonised with the NLC 1965. Provisions relating to maintenance and management of strata property were removed and placed in SMA 2013.
It has introduced a new concept of issuance of strata titles with vacant possession (VP). When fully implemented, this will obviate the need for JMB. With the introduction of the new concept, the duration of the work process of issuance of strata titles will be shortened and owners of strata units will be able to receive their strata titles sooner.
It is an attempt to meet the need to make the strata titles’ management akin to the needs and interests of the buyers (customer-focused services) and is aimed at improving the delivery system of land administration in the management and issuance of strata titles.
Bought a unit condo and it is still DMP within the year. My question is during DMP, does the SMA 2013 apply the same to the developer and they have to comply with it?
A group of us found that the developer for a certain reason, without informing the owners, officially decided to waive all late interests for those who defaulted in their maintenance payments. And insisted it is within its power and authority during DMP. We voiced our challenge that it is unfair as we paid our charges on time and that they are also bound by the Act and carry out their duties comprehensively and diligently.
We appreciate your views and advice on the above.
Thanks,
Garren