Strata titles: Developers have the
upper hand
NST 28/06/2004
KUALA LUMPUR, Sun. - More enforcement officers and civil servants
trained
in strata title matters are needed as shortcomings in the system
play into
the hands of developers.Land and Mines Department director (strata titles section) Dr
Azimuddin
Bahari said many developers did not even bother to apply for them.
An
estimated 196,000 home-owners nationwide are still waiting for their
strata titles.
Developers benefit by delaying strata-title issuance as they are
allowed
to demand payments for maintenance, sinking funds and repair fees.
These
services can only be undertaken by residents' committees through
management corporations once individual strata titles have been
issued.
Azimuddin said insufficient manpower in enforcement and prosecution
had
been cited as contributory factors, but the lack of commitment among
developers was the single biggest obstacle.
Owners of stratified building units accuse errant developers of
charging
fees over which owners have little say, while developers blame land
offices for not efficiently processing strata title applications.
Without strata titles, developers can include provisions not
provided
for in the sale and purchase agreements.
House Buyers Association statistics show that last year 33,722
owners in
187 projects had lodged complaints, of which 28 per cent concerned
the
non-issuance of strata titles, and 19 per cent arose from disputes
involving the management and maintenance of the buildings.
Azimuddin said although the Strata Title Act was comprehensive, it
was
not effectively enforced because of the lack of officers and trained
staff.
"The Act specifies actions to be taken in the event of discrepancies
but, unfortunately, enforcement is not solid enough."
It was recently reported that only Penang had established a Strata
Title
Board to tackle problems faced by owners.
The board's investigation of complaints has resulted in two
developers
convicted of offences under the Act. Eight cases are pending in
court.
In the Federal Territory, several cases are pending with the
Attorney-General's Chambers.
Azimuddin said strata titles fell under the purview of the Housing
and
Local Government Ministry, while his department was under the
Natural
Resources and Environment Ministry.
A committee involving senior officials of both ministries had met on
the
issue and was trying to resolve problems.
"Both ministries are drafting an amendment to the Strata Title Act
to
consider old buildings as special buildings and issue strata titles
for
them without Certificates of Fitness." |