LEGAL & PRACTICAL ISSUES AFFECTING HOUSING DEVELOPERS UNDER The Amended Strata Titles Act And The Strata Management Act 2013 (ACT 757)

27 Feb, 2023, Pullman Kuala Lumpur Bangsar

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Mr. Tang Kean Onn is an advocate and solicitor of the High Court of Malaya and was a senior member of the Malaysian Bar. He holds a degree in the Bachelor of Laws (LL.B Hons.) and Master of Laws (LL.M) both from the University of Malaya. He has vast experience dealing with legal and practical issues relating to banking, litigation and recovery over the last 40 years as well as conveyancing and documentation procedures.

 

In recognition of his contributions to legal education especially in the areas of banking law and practice, Mr. Tang has been conferred the Associate Fellowship of the Institute of Banks, Malaysia. (FIBM)

 

He was also an Examiner and Part-time Senior Lecturer in Corporate and Commercial Law at the University of Malaya since 1983. Mr. Tang had lectured part-time at the University of Malaya, both in the Faculty of Law and the Faculty of Business and Accounting.

 

In addition, Mr. Tang had also lectured the following Post-Graduate programmes at the University of Malaya:
i. Master of Laws (LL.M) in “Current Issues in Civil Litigation” at the Faculty of Law’
ii. Master in Business Administration (MBA) in “Corporate Law” at the Faculty of Business & Accounting;
iii. Master in Business Administration (Accounting) (MBA Acc.) in “Legal Environment in Accounting” also at the Faculty of Business & Accounting.
iv. The Certificate in Legal Practice (CLP) in “Civil Procedure” at the Faculty of Law.

For more than 40 years Tang Kean Onn has conducted numerous professional courses relating to legal issues for the Institute of Banks, Malaysia (IBBM), and various banks and financial institutions. Such courses include:

  1. Land Law and Securities Documentation
  2. Law & Practice on Housing Developers, Strata Titles & Management
  3. Legal & Practical issues on Loan Recovery and litigation
  4. The Law & Practice of Hire-Purchase in Malaysia
  5. The Legal & Regulatory Framework under the Banking & Financial Institutions Act 1989 (BAFIA)
  6. The Law & Practice of Guarantees in Malaysia
  7. Credit Fraud and The Law: Causes, Effect and Prevention

Tang Kean Onn is also the author of the study manual for the CERTIFIED CREDIT PROFESSIONAL (CCP) examination for bankers for the following modules:

  1. The Legal and Regulatory Framework in Malaysia; and Securities Documentation

Venue Details

Pullman Kuala Lumpur Bangsar
No 1 Jalan Pantai Jaya, Tower 3, 59200 KUALA LUMPUR,
Phone : 0 3-2298 1888
Fax : 0 3-2298 1999

https://all.accor.com/hotel/7962 /index.en.shtml

Contact us

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

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

FOR CUSTOMISED IN-HOUSE TRAINING
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03 2283 6101
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ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
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59000 Kuala Lumpur
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FOCUSING ON
  • Application Of The Amended Strata Titles Act Submission For Sub-Division
  • Transfer Of Ownership Of Strata Titles Under The Act
  • Convening The First Annual General Meeting Of The Purchasers
  • Management Of Strata Development Under The Housing Developers Act;
    The Strata Titles Act; And Strata Management Act 2013
  • The Legal And Practical Issues Arising Under The Strata Management Act 2013
  • Jurisdiction Of The Tribunal For House Buyers Under The Housing Developers Act
  • Collection And Recovery Of Service/Maintenance Charges
COURSE OBJECTIVE
  1. Understanding The Important Legal And Practical Issues Affecting Strata Titles Development And Management Either By The JMB And The Management Corporation (MC)
  2. Understanding The Practical Issues Affecting The Management Of The Common Property And Maintenance Of The Common Facilities
  3. Understanding The Importance Of The Deed Of Mutual Covenants (House-Rules) And Subsequent Changes Thereto
  4. Understanding The Procedure And The Formation Of The Joint Management Body (JMB); And The Role, Duties, Powers And Liabilities Of The JMB
  5. Understanding The Role And Powers Of The Commissioner Of Building (COB) If The JMB Is Not Constituted
  6. Understanding The Process On The Collection And Recovery Of The Service/Maintenance Charges
  7. Understanding The “Preliminary Management Period” Before The Handing Over To The Management Corporation (MC)
  8. Understanding “Accessory” “Parcels” In Strata Titles Developments
  9. Understanding The Meaning Of “Strata” And “Gated Developments”
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

APPLICATION OF THE AMENDED STRATA TITLES ACT SUBMISSION FOR SUB- DIVISION:-

  • Understanding the period of 3 months upon reaching the “superstructure” stage under section 8
  • Registration of individual strata titles before vacant possession
  • Understanding the effect and consequences of non-compliance under the amended Act
  • Effect of non-submission under the Third Schedule of the Sale and Purchase Agreement under Schedule H. 


 

TRANSFER OF OWNERSHIP OF STRATA TITLES UNDER THE ACT:

  • The time period for the original proprietor and the purchaser must execute the Memorandum of Transfer
  • Criminal liabilities for failure to execute the Memorandum of Transfer
  • Importance of securing at least 1/4 of the titles transferred
  • Understanding the “initial management period” under the Strata Titles Act
  • Effect of “direct transfer” to sub-sale purchasers

 

10.45

CONVENING THE FIRST ANNUAL GENERAL MEETING OF THE PURCHASERS

  • Purpose of the First AGM
  • Notice of the meeting
  • Quorum for the meeting
  • Agenda for the meeting
  • Appointment of council members
  • Accounts
  • Adjournment of the meeting
  • Understanding the establishment of the Management Corporation (MC)
  • The powers and duties of the MC vs the management company

 

12.00

MANAGEMENT OF STRATA DEVELOPMENT UNDER THE HOUSING
DEVELOPERS ACT; THE STRATA TITLES ACT; AND STRATA MANAGEMENT ACT 2013

  • Meaning of “Common Areas”
  • Scope and duration of management under the HDA and The Strata Titles Act
  • Understanding the “initial management Period”
  • Collection and Recovery of service charges
  • Legal and practical problems affecting the management and the recovery of service charges in a “Gated Development.”
  • Important differences between the management company and the Management Corporation (MC)
  • The legal status of the “Sinking Fund”
  • The convening of the First Annual General Meeting (AGM)

 

1:00 Lunch
2:00

THE LEGAL AND PRACTICAL ISSUES ARISING UNDER THE STRATA MANAGEMENT ACT 2013

  • The complete scope of application
  • Appointment, qualification and registration of Property Managers
  • Appointment of the Joint Management Body (JMB)
  • The powers and duties of the Commissioner of Buildings
  • Duties of developers to pay maintenance/service charges for unsold units
  • Legal implication if the amount of service charges and the penalty of late payment as provided for under the Deed Of Mutual Covenant is inconsistent with the decision of the JMB
  • Whether the JMB can effectively take over the management from the developers
  • Resolution of conflicts between developers and JMC

 

3:45

JURISDICTION OF THE TRIBUNAL FOR HOUSE BUYERS UNDER THE HOUSING DEVELOPERS ACT 

 

COLLECTION AND RECOVERY OF SERVICE/MAINTENANCE CHARGES 

  • Practical collection techniques
  • Legal process
5:00 End of Course