40 Questions
What is the primary purpose of the Strata Titles Board established under the Strata Act 1985?
To hear and determine disputes arising from strata unit owners or management corporations
What is the significance of the Strata Titles (Amendment) Act 2013 in relation to strata developments?
It brings about significant changes to the legal landscape relating to strata developments and common property management
What is the relationship between the Strata Act 1985 and the National Land Code?
The National Land Code prevails over the Strata Act 1985
What undertaking is required from the developer's FI to exclude their rights in the assigned property?
Undertaking to exclude their rights, title, and interest in the assigned property
What is the role of the original landowner or property developer in relation to strata titles?
To apply for the subdivision of land and issue strata titles to individual owners
What is the primary purpose of a management corporation in a strata development?
To collect financial contributions for the maintenance of common areas and facilities
What document is required to be delivered to the assignee upon issuance of an individual title/strata document of title?
Memorandum of transfer
What is the purpose of the undertaking to execute a discharge of charge?
To enable the assignee to take a first legal charge
In the event of foreclosure proceedings, what undertaking is required from the developer's FI?
Undertaking to inform the assignee of foreclosure proceedings
What is the purpose of the letter of undertaking from the purchaser's solicitors?
To undertake to deliver a duly adjudicated and stamped memorandum of transfer
What is the significance of the extension of the Strata Titles Act 1985 to Labuan?
To provide a framework for the management of strata properties in Labuan
What is the purpose of the compulsory requirement for the original proprietor to apply for subdivision of a building or land at the super structure stage?
To ensure that the application for subdivision is made in two stages
What is the significance of the designation of limited common property?
It provides for the management of common areas in strata developments
What is the time frame within which the purchaser must execute transfer documents of ownership of strata titles?
30 days from the date of issue by the Land Administrator
What is the term used to describe the person to whom the land is transferred?
Transferee
What type of dwellings have gained popularity due to the shortage of land in urban areas?
Multi-density dwellings
What is a characteristic of multi-density dwellings?
Common areas and facilities for residents
What is required to maintain multi-density dwellings?
Community-based management and financial contributions
What is the purpose of community-based management in multi-density dwellings?
To manage common areas and facilities
What legislation is related to strata title?
Strata Management Act 2013
What is the purpose of the letter of undertaking from the developer to deliver a registerable memorandum of transfer?
To ensure the delivery of the individual title upon issuance and receiving the title from the developer
What is the condition for the issuance of the certificate of completion and compliance in respect of the assigned property?
The relevant authority is satisfied with the completion of the construction of the assigned property
What is the purpose of the guarantee to complete the construction of the assigned property?
To complete the construction of the assigned property until the issuance of individual strata document of title
What is the consequence if the memorandum of transfer in respect of the assigned property is rejected for registration by the relevant land authority?
The assignee will receive a refund of all monies released
What is the purpose of the letter of disclaimer from the developer’s bridging financier?
To exclude the financed lot in the event of foreclosure proceedings if the master title is encumbered
What is the developer required by law to maintain regarding the housing accommodation?
A register of all purchasers of the housing accommodation
What is the maximum fee that a developer can charge for providing information from the register?
RM50
What is the purpose of the original copy of the Sale and Purchase Agreement in the absence of the issue document of title?
To prove the borrower's title and interest over the property
What information must the developer provide from the register, upon request?
All necessary and accurate information, including the current purchaser, postal address, and full particulars of the housing accommodation
Until when must the developer maintain the register of all purchasers of the housing accommodation?
Until the separate or strata titles for all the housing accommodation have been issued and registered
What is the consequence of not removing private caveats on the master title?
Innocent individual purchasers and end-financiers will not be able to transfer, charge, or deal with the property.
What is the reason for developers not proceeding with sub-division despite the presence of private caveats?
The presence of private caveats will lead to multiple lawsuits and added costs.
What is the impact of private caveats on the process of sub-division of the master title?
It complicates the process of sub-division.
What is the likely outcome if a developer proceeds with sub-division despite the presence of private caveats?
The private caveats will appear in the individual titles after sub-division.
What is the primary concern for developers regarding private caveats?
The potential legal implications of private caveats.
What is the significance of the Federal Court's decision in Chor Phaik Har v Farlim Properties Sdn.Bhd?
It confirmed that private caveats can be lodged against the master title.
What is the typical outcome when a developer faces multiple private caveats on the master title?
The developer is faced with potential multiple lawsuits and added costs.
What is the effect of private caveats on innocent individual purchasers and end-financiers?
They are unable to transfer, charge, or deal with the property until the private caveats are removed.
What is the relationship between private caveats and the sub-division of the master title?
Private caveats complicate the sub-division of the master title.
What is the likely consequence of multiple private caveats on the master title?
The developer will face potential multiple lawsuits and added costs.
This quiz covers the Strata Title Act 1985 and its amendments, including the Strata Title (Amendment) Act 2013 and the Strata Management Act 2013, which govern the subdivision of land and the issue and transfer of strata titles to individual owners.
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