bakedbean

The Penang State government has endorsed the Strata Management Act (Act 757) for implementation from June 1st 2015.

What does it all mean? Well, I'm not sure about the details but it says that now both Landlords and Tenants can be taken to court. Previously it was the Landlord only. This sounds like a good idea.

There is supposed to be easier application for strata titles, and ensure that "the management of strata properties is more responsible". Interesting.

You can read more in the Star Online here:
Cheers for high-rise buyers - Nation | The Star Online

JC3

Act 757 replaces both Act 663 and Act 318. Everyone living in a strata property is affected.

Act 757 is aimed at facilitating self-regulation among the stakeholders who have interests in the well-being of strata properties. All well and good except that curiously strata property owners may find that in some instances they are now less well protected by the law than previously.

To touch on this very briefly:-

Some of the ‘useful rules’ found in the Strata Titles Act 1985 (Act 318 Schedule Three) are omitted from Act 757. Such as these ones:

2. (1) A parcel proprietor shall—

(e) not use or permit to be used in such a manner or for such a purpose as to cause nuisance or danger to any other proprietor or the families of such proprietor;

(2) A proprietor shall use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other proprietors or their families or visitors.

PART II Prohibitions for parcel proprietor
6. A parcel proprietor shall not—

(a) use his parcel for any purposes (illegal or otherwise) which may be injurious to the reputation of the building;

(d) keep any animal in his parcel or on the common property which may cause annoyance to any other proprietor.


So, just for example:

• In a strata property where short term lets (holiday rentals) are not permitted by the House Rules, Clause 6a above (about not damaging the reputation of the building) would be quite useful for killing them off. So maybe a similar clause should now be added to the House Rules via Special Resolution at an EGM or AGM, to add to the armoury of legally enforceable by-laws that can be used to deal with the holiday rentals problem. (That is, if it's not there already).
  
  
• Clause 6d above about animals is also not in Act 757. So, if some owners keep dogs that cause annoyance at a condo etc, the other owners may want to update the House Rules with that clause, or something similar.

The new Act 757 also has detailed formulae for the calculation of service charges based on the unit size and the size of the accessory parcel (private garden, car parking space etc). If the proportions payable by each owner have been previously calculated incorrectly (perhaps because the original developer applied its own formula to make larger units easier to sell) the service charges payable will need to change. In which case some owners will now pay more and some less. I believe this particular issue is more likely for those strata properties currently governed by Act 663.


JC3

JC3

Correction.

2. (1) (e) above should read

A parcel proprietor shall not use or permit his parcel to be used in such a manner or for such a purpose as to cause nuisance or danger to any other proprietor or the families of such proprietor;

Sorry. Ran out of editing time on this one. JC3

JC3

ACT 757 - Voting by Proxy

Another thing in ACT 757 that may work either for or against you if you own a strata property is a new rule about proxy voting:

In the Second Schedule - Clause 18.(4). reads:

A person may act as proxy for only one proprietor at any one general meeting.

JC3

InVinoVeritas

Wow JC3, there must be a budding lawyer buried inside that fun-loving gardener !!! I can't imagine anyone else has read all that stuff but thanks for passing on the essentials to us too-lazy-to-bother members!

JC3

Yes it makes for dull reading. I would certainly rather be gardening, playing tennis, walking on the beach, having a beer, .......

JC3

JC3

CORRECTION:

Happily some of what I said in Post #2 above is no longer true.

Just before the new Act 757 came into force in early June 2015, at the last moment a new Third Schedule of By-laws was added to it (on May 26th). This new schedule now includes the omitted 'useful rules' I was referring to. Better late than never.

JC3