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FAQ & Knowledge
Have a question? Here are answers to our most
frequently asked questions, plus ways for you to request
information if your
question is not among them.
FAQ Disclaimer:
While every effort has been made to ensure the accuracy and reliability of
this material, the information contained in these pages was obtained from
sources believed to be reliable, but www.hba.org.my does not
guarantee the information is complete or accurate, or up to date. The
information contained is for informational purposes only and should not be
construed as advice on facts specific to the reader. |
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Sale & Purchase
Q: What is
the process & the fees involved in the sale and purchase of a house?
Q: The developer is charging me
late payment interest which is not my fault. What should I do?
Q: Can I sell my property that has
not been issued with a Certificate of Fitness for Occupation?
Q:
Cancellation of booking and seeking refund of fees paid.
Q: Consent / administration fees for refinancing or re-selling -
do I have to pay for it?
Q: Properties at Auctions - I intend to purchase a property at an
auction.
What should I be aware of?
Q:
Purchasing 'ready with CF', will I be protected by the Housing Act?
K: Purchasing a sub-sale apartment without strata titles and the
developer has gone
'bankrupt'
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Fees & Charges
K: Lawyer's fees -
Solicitors Remuneration
Order 2006
K: Stamp
duty -
Computation of Stamp Duty for Transfer of Real Estate
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Vacant Possession
Q: I have received vacant possession but till
now, there is still no sight of the CFO.
What should I do?
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Lawyers
Q: Why do I need to
use my own lawyer?
Q: The lawyer is charging me a certain amount for legal fees,
is this amount correct?
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Defects
Q:
Defects
liability period - how to make your claims
Q:
Water
intrusion (leakage) from upper unit - condo management not helping
because 'defects liability period' is over so they say - what can I do?
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Insurance
Q: Both the developer and my end-financier are
billing me for the fire insurance -
why should I pay double?
Q: What is MRTA?
Q: What is
fire insurance for
strata titled properties and the Management Corporation?
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Late Delivery
Q: Can I claim LAD until the date when
electricity supply is actually provided?
Q: Late Delivery Claims - My developer has offered
verbally to only pay 50% of my claims which I do not agree.
What should
I do?
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Tribunal for Homebuyer Claims
Q: Where can I find information on the
Housing Tribunal?
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Starting a Buyers' Group / JMB / Management Corporation
Q: How do I start a
residents
association/group/committee?
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Information
Q: Where can I find information on a
developer of a new
project?
Q: Where can I get more information on
Housing Loans &
Loan Packages?
K: What is the difference between
leasehold and freehold tenure?
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Condo Management & Maintenance - how to form JMB or MC?
Q: I own a unit in a condo/subdivided building
where many of it's owners are refusing to pay for the maintenance because
the property is not properly maintain. What can I do to ensure that the
building is
better maintained & managed?
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What is the meaning of ... ?
Q1: What are the differences between
leasehold and freehold tenure?
A:
Click
here
to view the explanation.
Q2: What is CF, CCC, LAD, Strata Titles, etc?
A: For definitions used in statutes, check
here.
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Public announcements
(1)
Changes to laws, rules & regulations
(2)
Stamp Duty
Waivers
(3)
EPF withdrawals
(4)
Real Property Gain Tax (RPGT)
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1. Sale & Purchase |
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Q:
What is the process & the fees involved in the sale and purchase of a
house?
A: Check out this
detailed
information from the Malaysian Bar Council.
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Q:
The developer is charging me late payment interest which is not my fault.
What should I do?
A: All payments under the Sale and Purchase Agreement
(SPA) must be paid within the time frame specified
in the agreement. Otherwise, the developer has a
right to charge interest on late payments. Unless
you can prove that the reason the progressive
payments were late was because of the financier,
lawyer or even the developer, you will have to foot
the bill. Lawyers and financiers dealing with
conveyancing work are familiar with the time frames
within which they have to work to prevent buyers
from footing additional interest on late payments.
Clause 9 (2) - Interest on late payments - in
the regulated Sale Contracts Schedules H or G states
the following:
...
(2) The Vendor shall not be entitled to charge
interest on late payment in respect of any
instalment if the delay in payment of such
instalments is due to any one or more of the
following:-
(a) the relevant progressive claim notice referred
to in the Third Schedule hereto furnished by the
Vendor to the Purchaser and/or the Financier is not
complete or not in compliance to the requirement of
Clause 4(2) herein;
(b) in the event the said Land is encumbered to any
bank(s) and/or financial institution(s) by the
Vendor, such bank(s) and/or financial institution(s)
shall delay of fail to issue and deliver the
redemption statement and undertaking letter in
respect of the said Lot to the Purchaser or the
Financier;
(c) in the event the said Land is encumbered to any
bank(s) and/or financial institution(s) by the
Vendor, the Financier shall refuse to release the
relevant portion of the Loan equivalent to the
progressive payment due on the ground that such
progressive payment is insufficient to settle the
full redemption sum payable in respect of the said
Lot."
You should try to obtain a chronology of events
which caused the delay to help you understand who
delayed the payments, whether it is the lawyer,
financiers or developer. If possible try and find
another lawyer dealing with conveyancing issues to
advise you. If you know which party is at fault, you
can demand that he foot the bill. However, you may
have to pay the developer under protest first in
order for you to claim your money back from the
party at fault. Otherwise, the longer you delay, the
more interest you will have to pay. If the party at
fault refuses to pay you, you may then have to seek
legal redress either through the
Financial Mediation
Bureau for banks,
Malaysian Bar Council for lawyers
and the
Tribunal for Homebuyer's Claims for the
developer.
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Q:
Can I sell my property that has not been issued with a Certificate of
Fitness for Occupation?
A: Yes, properties can be transacted without CFO. However, without CFO it might hamper the buyer
from securing a bank loan.
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Q:
Cancellation of booking and seeking refund of fees paid.
A: The
Housing
Regulations for
buying off-plan
from housing
developers do
not allow for
'booking' fees,
so potential
buyers should be
aware of this
and only get
your 10% down payment
ready when you
are sure of
purchasing.
There is no
cooling-off
period unless it
is in writing. A booking fee is an offer to purchase. Many buyers do not realise that a signed offer to purchase is legally binding once the seller has accepted the offer.
It is the same situation if one is buying previously owned property, once you have signed an offer to purchase and pay an
earnest deposit, you lose your deposit if you change your mind about buying the property. Cancellation will cost you part of your booking fees if not all. You should consult your lawyer first before parting with a single cent and not be rushed into paying a deposit, no matter how small the amount is. |
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Q:
Consent / administration fees for refinancing or re-selling - do I have to
pay for it?
A: Check out this article by Roger Tan
which gives a detail explanation on what the seller or buyer has to do.
Q & A on amended housing law - 18/05/2007 The Sun By Roger Tan
(Chairman of the Conveyancing Practice Committee, Malaysian Bar Council)
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Q:
Properties at Auctions - I intend to purchase a property at an
auction. What should I be aware of?
A:
Normally, properties at auctions are
sold on a 'as-is-where-is' basis. No guarantee is
given on Vacant Possession and titles. Sometimes, it
is not possible to inspect the interior of the
property, but to rely on information given which is
itself a risk that the bidder has to take.
Steps to take:
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Inspect the subject property
and make enquiries with the neigbours.
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Conduct an official title search on the Master
Title or separate title, if available, at the relevant Land Office and
check with the Local Council and Land Office for
arrears on the assessment tax and quit rent,
respectively.
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Enquire from the Developer/Landowner and/or other
relevant authorities on the terms of consent to the
sale Check also for arrears of service
charges, quit rent, utility bills, etc.
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Obtain a copy of the
Proclamation of Sale from the
Auctioneer and ensure that you understand all the
terms & conditions stated in the Condition of
Sale prior to the auction.
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Appoint a lawyer to advise
you prior to making a bid.
More
information:
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Auction caution
11/03/2008 The Star
Articles of Law By BHAG SINGH
Properties sold at an auction may appear to be
cheap. But buyers need to understand the various
aspects that could indirectly hike up the price.
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Making a bid at a
public auction
30/06/2006 The Sun - Law & Realty
By Andrew Wong
Generally, there are two types of public property auctions taking place in
Malaysia, and anyone who intends to bid at a public auction should know what
additional costs he may have to incur, over and above the purchase price.
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Bid Smart
NST Property Times 30 October 2004 issue -By Lydia Gomez
When bidding at an auction, it is best that you conduct an
inspection prior to buying the property you want.
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Fine tuning public auctions
22/03/2003
NST-PROP
By Salleh Buang
When the National Land Code,
1965 was amended recently, many thought it was merely to effect a shift in
policy announced earlier by the Prime Minister.
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Q: Purchasing 'ready with CF',
will I be protected by the Housing Act?
A:
If you
are purchasing a
housing
accommodation
unit that is
'ready with CF',
it is not
covered under
the new HDA as
it is deemed
completed whilst
the ones under
the ACT are
those under
construction and
sold 'off the
plans'.
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Q: Purchasing a sub-sale apartment
without strata titles and the developer has gone 'bankrupt'
A:
You can anticipate lots of problems when a developer of your property is insolvent as there are outstanding matters in the original contract of sale (between the previous buyer and developer).
It is best that you seek legal advice if you intend to go ahead with your purchase.
These are some of the problems to expect:
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disruption of maintenance
& management services;
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if the applications for
strata titles have not been made in
accordingly - you might end up having to pay for the application
of the strata title yourself;
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difficulties in completing legal
documentations eg. re-financing, re-sale
etc;
-
having
to deal with a third party ie
Liquidators or Receivers or Insolvency
Department, who has stepped into the
shoes of the developer by court orders.
-
in the
case of a re-sale, financiers may be
reluctant to finance such purchase.
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2. Fees & Charges
(Read No 13 for
Public Announcements on changes / waivers) |
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K:
Lawyer's fees -
Solicitors Remuneration
Order 2006
or check with the
Malaysian Bar Council for the latest Order. K:
Stamp duty -
Computation of Stamp Duty for Transfer of Real Estate K: Real
Property Gain Tax -
Read announcement on waivers |
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3. Vacant Possession |
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Q: I have received vacant possession but till now,
there is still no sight of the CFO. What
should I do?
A: These are the steps that you may take:
i. Check with the developer and the issuing local authorities on the cause
of the delay.
ii. If you are not satisfied with the response that you have been given,
you may make a complaint to the Ministry of Housing and Local Government
together with the following documents:
a) a copy of the notice of handover of vacant
possession
b) a copy of the certificate of completion issued by the Architect
c) a copy of the letter from the local authorities regarding the issue
of CFO
iii. Form an action group with other affected buyers for
a cohesive voice and also to share task and to show how concerned and
serious this group of affected purchasers in wanting to move into their
homes.
iv. Check if similar complaints on the same project has been received and
also on whether an action group for that particular project has been
formed and if not, to learn on the steps on how to form one
How to check : Check
here for
groups formed; Join
HBA's
Online Forum or
Contact Us.
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4.
Lawyers |
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Q: Why do I need to
use my own lawyer?
A:
The first rule of conveyancing is 'buyer must engage own lawyer'. Consult a lawyer right from the start and not after you have paid the deposits. Reasons to use your own lawyer:
Under the law you are deemed to have read and understood every document you signed. Furthermore, promises made by the seller or someone else about the deal may not be enforceable if the promises are not in writing.
Lawyers cannot represent both Vendor & Purchaser - if you are using the Vendor's panel lawyer, often, when disputes happen, the lawyer is unlikely to represent you against their bigger client.
A lawyer in general practice will be able to complete your purchase; however, lawyers with a focused real estate practice may prove a better tool if you are unsure of what to do, or have complications in your purchase agreement or mortgage. While you may think that you cannot afford the services of your own lawyer, consider whether you can afford not to.
More information:
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5.
Defects |
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Q:
Defects liability period - how to
make your claims
A: If you find any defects in the property after receiving vacant possession, make sure you submit the defects list in writing to the developer within 18
or 24 months (whichever is applicable) from the date of vacant possession. The developer will have 30 days from the date of receipt of your list to rectify the defects. If the developer fails to rectify within the stated time, you can then engage someone else to do the rectification works and charge the costs (through the stakeholder lawyer who is holding the 5% purchase price) to the developer provided you have given another 14 days' notice to notify the developer of your intention.
Since 5% of the
purchase price
is being
retained as stake holder's
fund, we urge
complainants to
give written
notice to the
stakeholder
lawyer to
withhold release
of the said sum
until and unless
the complainant
is satisfied
with the
remedial and
repair works by
the Developer.
Sample
Letter:
More
information:
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Q:
Water intrusion (leakage) from
upper unit - condo management not helping because 'defects liability
period' is over so they say - what can I do?
A:
The Developer or the Management Corporation has a duty to maintain common
properties such as pipes which are used in common by two owners or more
and individual owners have a duty to maintain their own units. You will
have to first determine the owners of the defective items which is the
source of the water seepage. The following options can then be considered,
if the items are not common property.
a) approach the
neighbour for
assistance and
cooperation. You
will need it to
gain access to
rectify the
water leakage
from your
neighbour's
unit. Find out
from the
neighbour if
they have done
any renovation
to their unit
that may have
caused the
leakage.
b) study your
Deed of Mutual
Covenant (DMC)
for the mutual
covenant on
problems like
yours.
The maintenance
and upkeep of
properties in a
condo are
normally
identified and
defined in the
DMC. For eg.
there might be a
covenant that
neighbours'
sharing walls,
ceiling/floors
etc also share
the cost for
repairs. In the
event that your
neighbour is not
cooperative, you
will need the
management to
help you
'manage' the
neighbour
according to the
mutual covenants
of the condo.
c) normally
there is another
clause in the
DMC that says "unit owners are to keep their unit in good
condition so as
not to
inconvenience
other owners" or
some wordings to
that effect. Ask
the management
to assist you.
d) Get a
quotation from
your contractor,
so that you know
the price that
you will need to
pay in the event
that the
neighbour is not
cooperative.
e) If you are
still not
satisfied that
you will have to
end up footing
the bill,
consider getting
a lawyer to
study your case.
However, you
will have to
consider whether
it is worth
paying legal
fees or paying
for the repairs
yourself. |
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6.
Insurance |
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Q: Both the developer and my
end-financier are billing me for the fire insurance - why should I pay
double?
A: The House Owner/Fire Insurance policy
This policy provides coverage for your property against natural
disasters such as flood, fire, riot, strike and malicious damage. For
properties with strata titles such as apartments or condominiums, you need
not buy the insurance because the Management Corporation (MC) would have
taken up insurance on the entire building. You should ensure that you
obtain the sub-certificate of the Master Policy issued by the insurance
company from the MC and present it to the financial institution. This is
necessary so that the financial institution is aware that the property has
been insured and will not buy another fire insurance on your property. In
such a case, you will be required to assign your rights under the policy
to the financial institution.
Source:
www.bankinginfo.com.my
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Q: What is fire insurance
for strata titled properties and the Management Corporation?
Check out this FAQ
from
Persatuan
Insuran Am Malaysia
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Q: What is MRTA?
A: The Mortgage Life Assurance or MRTA
This type of policy provides for full settlement of the outstanding
balance of the housing loan with the financial institution, in the event
of total permanent disability or death of the borrower. Premiums can
usually be included in the loan amount, and the repayment period of the
premium is usually spread over the loan tenure. The premium is only
incurred once. There are no monthly or yearly premiums to be paid. In the
event of early termination of housing loan, you will generally have the
option to request for a refund of the premium for the balance of the
unexpired period or to continue the insurance coverage.
Source:
www.bankinginfo.com.my
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7.
Late Delivery |
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Q:
Can I claim LAD until the date when electricity supply is actually
provided?
A:
Please read and
understand the
definition of
"ready for
connection" in
your Sale and
Purchase
Agreement.
Thereafter,
write to TNB for
their written
confirmation as
to where the
fault is and the
party that is
attributing to
the delay of
supply being
available. With
the documentary
evidence, you
could then
substantiate
your claim that
the Developer
has prematurely
delivered vacant
possession to
you and thus
your claim for
LAD.
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Q:
Late Delivery Claims - My developer has
offered verbally to only pay 50% of my claims which I do not agree. What
should I do?
A:
Your rights and entitlement is contained in your Sale and Purchase Agreement. First of all, you should make your demand in writing immediately upon receiving notice for handover of vacant possession. If you do not know how to go about writing a demand letter, you may use
our sample as a guideline.
If you are not satisfied with the response from the developer whether
verbal or written, you may then seek legal recourse. If your claim
is below RM50,000, you may check further to see if other conditions falls
under the jurisdiction of the Tribunal for Homebuyer Claims. Otherwise,
you may seek redress at the Civil Courts. For more information on the
Tribunal, see FAQ below.
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8. Tribunal for Homebuyer Claims |
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Q: Where can I find information on the Housing
Tribunal?
A: You can check out the link from the Ministry of Housing & Local
Government -
Tribunal Tuntutan Pembeli Rumah or check the laws & regulations
regarding the Tribunal -
Housing Act
/
Housing Development (Tribunal for Homebuyer Claims) Regulations 2002.
For the addresses of the Tribunals, check
here.
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9. Starting a Buyers' Group / JMB / Management Corporation |
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Q: How do I start a
residents association/group/committee?
A: There is no necessity for strata title property
owners to register a residents' association as the Building & Common
Property (Maintenance & Management) Act 2007 allows for the joint
formation of a Joint Management Body while waiting for the Management
Corporation (see answer to
Question 10) to be formed. If there are other reasons for forming one, for eg, non-strata title property owners or where vacant possession has not
been handed over, the articles below may help you form one.
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10.
Information |
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Q1: Where
can I find information on a developer of a new
project?
A:
There is no one stop centre for a study of a developer's record. The main reason is that big corporations tend to set up a subsidiary for every project. There are also instances where
the development project is a one time
venture that the company/individual
undertakes. You will have to do some investigative work to get the information you want. We suggest the following places to check.
a) if the parent company is listed - you can check with
www.klse.com.my for the background and for all the subsidiaries of the company. Read also all announcements for litigation news and public reports.
b) if the company is licensed by the Ministry of Housing and Local Government - you may check from www.kpkt.gov.my - Idaman Web - however the information is only restricted to the subsidiary company and there is limited information on past performances and in many cases, there are blank information not updated by the Ministry.
c) you can subscribe to www.emedia.com.my - to check for news on all related subsidiary companies of the parent company to find out if there are complaints from buyers as far back as 1991.
d) you can ask the developer themselves
for the names of the projects they have
claimed to developed - so that you can
go look for yourself and maybe contact
some of the past buyers for feedback. If
the developers are very proud of their
past projects, they would gladly
give you reference.
e) check also from websites eg, http://www.ipsofactoj.com or www.kehakiman.gov.my
. These sites provide case laws if the parent company or any of their subsidiary has been involved with
law suits with the buyers.
However, this is just the initial checking step. There are pros & cons of buying new from a developer. The pitfalls of buying 'off-plan' is just too numerous to mention here. We can only advise you that the reliability of any project and its developer is the honest desire of the developers to complete the project within the time frame and with minimum defects. We hope you have browsed our website to read about the pitfalls others have experienced. For a start, we have a publication that you can purchase.
Further Reading:
Information pays
- 25/10/2003 NST-PROP
Q: Where can
I get more
information on
Housing Loans
& Loan Packages?
A: Check out
this
information and
FAQ page
from
www.bankinginfo.com.my
and for loan
packages -
Fiscal Wise Web |
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11. Condo Management & Maintenance - how to form JMB or MC? |
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Q: I own a unit in a condo/subdivided building where
many of it's owners are refusing to pay for the maintenance because the
property is not properly maintain. What can I do to ensure that the condo
is better maintained & managed?
A: Check out the following links on the Building & Common Property
(Maintenance & Management) Act that is in operation from 12 April 2007.
The developer has 12 months from that date to call for the first meeting
to form the Joint Management Body. This is good for apartments like yours
where strata titles are not issued yet.
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12. What is the meaning of ... ? |
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Q1: What are the differences between
leasehold and freehold tenure?
A:
Click
here
to view
the explanation.
Q2: What is CF, CCC,
LAD, Strata Titles, etc?
A: For definitions used in
statutes, check
here. |
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Back to the Top |
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13. Public Announcements |
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(1)
Changes to laws, rules &
regulations
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Changes in the Solicitors’ Remuneration Order
Only
New Projects To Follow New CFO System
13/04/2007 Bernama
PETALING JAYA, April 13 (Bernama) -- New projects from now on will be
subjected to the Certificate of Compliance and Completion (CCC) system
which replaces the Certificate of Fitness for Occupancy (CFO), Housing and
Local Government Minister Datuk Seri Ong Ka Ting said today.
CCC Ensures Full Accountability, Says Ong 14/04/2007 Bernama
KUALA LUMPUR, April 13 (Bernama) -- The parties that issue the Certificate
of Compliance and Completion (CCC) for building projects will be held
accountable for its safety forever, said Housing and Local Government
Minister Datuk Seri Ong Ka Ting.
Developers Of High-rise Buildings Can Seal Properties Of Tenants
14/04/2007 Bernama
KUALA LUMPUR, April 14 (Bernama) -- The assets of owners and tenants of
units in high-rise buildings such as condominiums, office buildings and
shopping centres who refuse to settle maintenance charges can now be
sealed.
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(2)
Stamp Duty Waivers
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'Love And Affection' Property
Transfer Exempted From Stamp Duty
07/09/2007 Bernama.com
KUALA LUMPUR, Sept 7 (Bernama) -- The government is proposing that the
instruments for transfer of property between husband and wife on the basis
of "love and affection" be exempted from stamp duty.
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Govt Proposes 50 Pct Stamp Duty
Exemption For House Purchase 07/09/2007 Bernama.com
KUALA LUMPUR, Sept 7 (Bernama) -- The government is proposing a 50 percent
stamp duty exemption on documents of transfer for the purchase of one
house costing not more than RM250,000, Prime Minister Datuk Seri Abdullah
Ahmad Badawi said today.
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Budget 2008: Stamp duty discount good
08/09/2007 NST By Chang Kim Loong
THE 50 per cent stamp duty exemption on transfers of houses under
RM250,000 is intended to stimulate the property market and reduce the
overhang in residential property. It's not much of an incentive but the
National House Buyers Association welcomes it anyway. Instead of a waiver
of stamp duties on transfers between spouses, it would be more meaningful
if it had been waived for transactions between parents and children.
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(3) EPF withdrawals |
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EPF To Announce Details On New
Housing Withdrawal In December
07/09/2007 Bernama.com
KUALA LUMPUR, Sept 7 (Bernama) -- The Employees Provident Fund (EPF) will
announce details on the new monthly housing withdrawal in December.
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Easing burden for property
buyers 08/09/2007 The Star
M. RAGENI has one “headache” less now. She will be able to use part of her
monthly salary for other expenses with the announcement that EPF
contributors will be allowed to make monthly withdrawals from their
Account Two for housing loan repayment.
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Housing loan
scheme won’t affect EPF earnings 08/09/2007
The Star By SIM LEOI LEOI
PUTRAJAYA: The freeing of RM9.6bil in Employees Provident Fund
contributions to pay for the purchase of homes by the public will not
affect the earnings of the body.
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EPF
withdrawals to go into members’ bank accounts
12/09/2007 The Star By IZATUN SHARI
KUALA LUMPUR: The EPF monthly withdrawal for reducing housing loans will
be credited directly into the contributor's personal bank account and not
to the lending bank.
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Groups: Credit EPF
savings to banks, not personal accounts
12/09/2007 The Star
KUALA LUMPUR: Several organisations want the monthly withdrawals from the
EPF Account 2 to be credited to the financial institution from which the
housing loan was taken instead of to the contributor's personal account.
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EPF scheme to help
members save more for retirement 23/10/2007
The Star By PAUL CHOO
KUALA LUMPUR: All Employees Provident Fund contributors will, from Feb 1,
be able to withdraw part of their funds and channel them to approved
investment programmes.
-
55 before spouse
can claim savings
23/10/2007 The Star
KUALA LUMPUR: Beginning June 1 next year, any claim on a deceased spouse’s
Employers Provident Fund savings will only be paid once the claimant
reaches the age of 55.
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New ruling
only applies in divorce cases, says EPF
24/10/2007 The Star
PETALING JAYA: A person who succeeds in claiming the Employees Provident
Fund savings of a spouse in a divorce case will only be able to get the
money when the claimant reaches age 55.
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(4) Real Property
Gain Tax (RPGT) |
Major boost for high
end property 23/03/2007 The Star By KEITH
HIEW
PETALING JAYA: Prime Minister Datuk Seri Abdullah Ahmad Badawi, who
announced the scrapping of the real property gains tax (RPGT) from April
1, hopes the move would “inject more excitement and dynamism to both the
property and financial sectors.”
Property tax
exemption a double-edged sword 14/04/2007
The Star CURRENT TAX MATTER By DR JEYAPALAN KASIPILLAI
While exempting property transactions from real property gains tax (RPGT)
will provide a boost to the real estate sector, the move may also spur
greater market speculation. In view of this, the Government’s move to
exempt rather than repeal RPGT may provide a safety net over the long
term.
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