Are You getting your Strata Title?

Under the Sale & Purchase Agreement (S&P) signed between purchaser of Complex Suria Kinrara and Sentosa Restu (M) Sdn. Bhd. , the developer is obligated to deliver the parcel of land, on which Complex Suria Kinrara is sited, free from encumberances.

Preamble condition No. 2 of the S&P stated “ The said Land is not charged to any licenced bank or financial institution or such other body or authority”.

Page 2 of the S&P under the agreed terms and condition No 1. Agreement to Sell – “The Vendor hereby agrees to sell and the Purchaser agrees to purchase the said Parcel with vacant possession and free from all encumbrances but subject to such condition and restriction expressed or implied in the separate document of strata title to the Parcel when issued upon the terms and condition herein contained.”

Page 2 of Sale & Purchase Agreement.

This S&P was prepared by legal firm Mssr. Wong-Cheng Kiat-Loh, Advocates & Solicitors

The master title from the developer clearly shown the Land is not free from encumbrances. There is still a  Charge by Abrar Discounts Bhd, 24^th Floor, Menara Multi Purpose, No 8 Jalan Munshi Abdullah, 50100 Kuala Lumpur.

Didn’t the developer committed a breach of the S&P terms with the purchaser?

The developer has also committed an offence under the Strata Title Act 1985 –Act 318 , (Amendment enforced from 12 April 2007). 

The developer  has failed to submit application for Strata Title six (6) months from the date  of the enforcement, as stipulated under this amended Act. The S&P was signed in 2004 before the amended Act came in force.

According to reliable source, the developer will only submit application for Strata Title after the JMB is formed. And when will the JMB be formed?  That is a BIG Question mark ???

STRATA TITLES ACT 1985
ACT 318
(Amendment enforced from 12 April 2007) is appended for your easy reference

PART II - APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building or land

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case of a building completed on a date after the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from that date of the sale or agreement or the first of such sales or agreements;

Is the Ministry of Housing and  Local Government (the Ministry) going to initial action against the developer to protect the interest of the purchasers?  Is the Selangor Land office (Land Administrator) taking action against such developer?

If the Ministry and Land Office is not enforcing the law, what is the RA going to do  on behalf of the purchasers?

Formation of JMB

After a reminder letter from MPSJ requesting the developer  to call a meeting to form the Joint Management Board (JMB), Sentosa Restu responded by pacifying the Authority and informed that a JMB formation meeting will be called in January 2012.

Letter from Sentosa Restu to MPSJ on the formation of JMB

Based on my reliable sources of information, the JMB meeting is unlikely to take place. FFMS Suria Kinrara is unable to complete the accounts for the first 12 months, get them audited and present the accounts to the developer, MPSJ and the owners. FFMS has managed Komplek Suria Kinrara for more than one year.  I smell fishiness on the accountability of all the collections by FFMS. 

The risk is that a large portion of the payment by owners are made in cash. This give the management staff plenty of opportunities to misappropriate.  The clamping fees collection, the car park rental are just two items easily pocketed.  The Resident Association has requested for the accounts but the request was turned down.  This just shows how arrogant the Management company is. Once the JMB is formed, they would be hounded like a criminal without forgiveness or mercy.  FFMS and their directors are responsible for this. If needed to, FFMS would be slapped with court action.

The RA request all owners of Suria Kinrara to co-operate and understand the need of each other.  Please help to disseminate this piece of information to those without access to blogs and e-mail. Also, please convey the message to those less fortunate owners who are unable to read English.

When the JMB meeting is called, please be present and elect responsible people to helm the JMB. 

Some Uncivilised Residents

This owner placed all the renovation materials along
the corridor. He thinks it is his right to do so.
This is not his property. This is @ Block D - Unit D-8-03, Owner Lee Kian Hock.

It is really depressing to see so many sick and incivilised people living in Komplek Suria Kinrara. Sometimes, my effort to make this a pleasant and preferred place for abode is seem in vain. I have help to resolve so many issues with the developer, Authority(MPSJ) and the Management company only to find some owners and tenants  behaving irresponsibly.  Irrespective of whether they are tenants or owners, some residents of Suria Kinrara do not respect the usage of Common properties or respect their  neighbours. Some owners do renovation work beyond the permitted hours. Some cause nuisance to their neighbours by making noises at odd hours.

Is this somebody's storage area? @ Level 1,
above the lift lobby.

Besides the Africans, some local Malaysians do not behave like civilized people. They obstructed the corridor, kept  pets, playing loud music, vandalized lift, swimming pool toilets and painted advertisement on the wall or scribbled on the wall.

Where do they  came from?  Are they from the undeveloped countries or from the jungle.

This toilet @ the swimming pool.
The seat & cover is broken and not replaced

The Common properties such as lifts, corridors and lift lobby, playground, driveway  and street light in the complex, fire fighting system, control room, swimming pool and toilets are all common properties belonging to every owner of Suria Kinrara. Common properties are not owned by the Developer or Management company but You and Me.

Shower room @swimming pool. This is so dirty and
floor trap damaged.

If owners cannot respect  common properties, they should not be part of this community.  If the tenants are misbehaving, they should be evicted without hesitation.

Part of this problem is due to poor policing by Management company, FFMS Suria Kinrara and bad house rules or no house rules.

We need all owners and tenants to co-operate and behave themselves.  With the JMB formed later, recalcitrant owners  and tenants will be dealt with more effectively. Hope the JMB do not have to resort to such action.

We have another big problem with Developer on the Strata Title. Watch out for my next posting.