Strata-title
buyers lack awareness
10/06/2005 The Sun By Fintan Ng
HIGH-RISE units are gaining popularity among home buyers but many are still
unaware of their rights should problems arise, says lawyer Viola Decruz. Decruz,
who volunteers her services with the House Buyers Association, explains that
many buyers do not bother to read the sale and purchase (S&P) agreement carefully
when they purchase strata-title properties.
They need to be aware of the legal recourse available when encountering problems
and should understand the S&P agreement they sign with the developer, she
adds. The agreement is based on Schedule H of the Housing Development Act.
Among the common problems which arise when purchasing strata properties are
defects or poor maintenance of units and developers not handing over vacant
possession within 36 months of signing of the S&P agreement and not pursuing
the issuance of strata titles in an expeditious manner.
On the last issue, Decruz says buyers can “sue the developers or approach
the Ministry of Housing and Local Government for help”. Of the estimated 3.5
million units of residential houses and high-rises in the country as at end-2004,
some 300,000 are condo and apartment units.
Decruz tells theSun that the legal recourse for buyers who are given vacant
possession late includes suing for compensation. However, she adds, in many
instances, the cases and complaints have been time-barred, or have exceeded
the time limit.
Many buyers also have complaints about poor maintenance of condo and apartment
developments, despite the high prices of some projects. Such problems can
be resolved by having dialogues with the condo or apartment management, or
residents can sue, claiming the service or maintenance fee is not “fair and
justifiable”.
Under the S&P agreement, buyers with vacant possession have 12 months to report
the defects to the developer, Decruz says, adding that it is more difficult
to get the developers to take action after this period is exceeded. |
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