Strata Development - Current Issues & Latest Developments

24 Aug, 2020, Seri Pacific Hotel

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PROF. DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur, before he left for private practice, then the corporate sector and finally the academia. He was The Deputy- Dean, Kulliyyah of Laws, and International Islamic University until 1990, when he went into full-time consulting.

 

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in Utusan Malaysia and New Straits Times.

 

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalize War (KLFCW).

Venue Details

Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur,
Phone : 03 4042 5555
Fax : 03 4043 8717

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Rights and Duties of Developers
  • Rights and Duties of Purchasers / Parcel Owners
  • JMBs, MCs, Common Properties
  • Maintenance Charges & Contributions to Sinking Fund
  • Enforcement Actions Against Defaulters
  • House Rules, Settlement of Disputes
  • Strata Tribunal – Jurisdiction, Procedure, Award
OBJECTIVES

This is IPA’s first course on Strata Development for 2020 (after the covid-19 pandemic) specially designed for Property Developers, Property Managers, Joint Management Bodies (JMB), Management Corporations (MCs), subsidiary MCs and Managing Agents.

 

In recent years several amendments had been made affecting Act 118, Act 318 and Act 757, accompanied by an increasing body of court decisions, which have together significantly impacted the local strata law. More complaints and disputes have also made their way to the Strata Tribunal through the years.

 

In late 2019, the authorities announced that the law relating to the termination and redevelopment of old strata schemes will be reviewed and updated in line with the latest trends in other jurisdictions.

WHO SHOULD ATTEND
  • Property Owners & Developers
  • Property Consultants
  • Property Managers
  • Bankers
  • Insurance Companies
  • Financiers
  • Valuers
  • Land Administration Managers
  • Investment Advisers
  • Development & Planning Managers
  • Town Planners
  • Project Co-ordinators
  • Contractors
  • Contract Managers & Executives
  • Contract Administrators
  • Architects
  • Engineers
  • Quantity Surveyors
  • Construction Managers
  • Legal Advisors
  • Lawyers
  • Project Managers
  • Government Ministries & Departments
  • Local Authorities
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
COURSE CONTENT
9:00

SESSION I: GOVERNING LAW FOR ALL HOUSING DEVELOPERS

  • Objective of Act 118 – to protect purchasers
  • Licensing of developers – more stringent regulations
  • Statutory duties of licensed developers
  • Standard terms SPA – analysis of Schedules G & H
  • Can developers change the standard SPA provisions?
  • Advertisements – latest amendments
  • Criminalizing abandoned projects – penalties
  • Purchaser’s right to terminating the SPA
  • Unfair terms in SPA
  • Controller giving extension of time to developers – latest case.
10.45

SESSION II: STRATA DEVELOPMENT & MANAGEMENT

  • Continuation of Session I
  • Objectives of Act 318 – vacant possession, separate title, registration as owner, security of tenure
  • Objectives of Act 757 – protection of parcel owners, ensuring harmony of strata living, dispute settlement
  • Rights and obligations of developer, JMB, MC
  • Rights and obligations of parcel owners – pay maintenance charges, contributions to sinking fund
  • Enforcement of developer’s duties / parcel owners’ obligations
  • Common properties - limited common properties, subsidiary MCs
  • Managing Agents
  • Q & A Session; summing up.
1:00 Lunch
2:00

SESSION III: MAINTENANCE & MANAGEMENT REGULATIONS (PU (A) 107)

  • Management by developer / by JMB / by MC
  • Subsidiary MC / limited common property
  • Recovery of sums by attachment of moveable property
  • Deposit by developer to rectify defects of common property
  • Inter-floor leakage, damage to party wall
  • Enforcement, offences
  • First Schedule (fees); Second Schedule (30 forms)
  • Third Schedule – 30 By-laws (read together with Regulations 5 and 28)
  • House rules
    • Strata management problems – complaints received by COB; cases reported in law reports
3:45

SESSION IV: STRATA TRIBUNAL REGULATIONS (PU (A) 103)

  • Composition, jurisdiction
  • Commencement of proceedings, service, classification of claims
  • Procedure, summons to appear
  • Interlocutory order, security for costs, discovery, interrogatories
  • Tribunal expert
  • Setting aside, rectification of awards, costs
  • First Schedule (fees)
  • Second Schedule (16 forms)
 

SESSION V: RECENT TRENDS & DEVELOPMENTS

  • Private lease schemes - latest case
  • Short rentals of strata properties (Airbnb)
  • Terminating a strata scheme – proposed new amendments
  • Q & A Session; Summing Up
5:00 End of Course