Being a part of the Owners Association necessitates a payment known as the annual service charge, which will be utilized for the maintenance and preservation of the community. In Dubai Law Number 27 of 2007 was introduced as the Strata Law, to establish the regulations with regards to the ownership of jointly owned real property […]
Jamaica: Persons Encouraged To Utilise Dispute Resolution Service Offered By CSC
The Commission of Strata Corporations (CSC) is encouraging persons to utilise the dispute resolution service it offers. The dispute resolution process forms part of the responsibility of the CSC under the Registration Strata Titles Act. This process allows the CSC to oversee disputes between proprietors or between proprietors and the executive committee of a strata […]
Australia: Crestwood defies odds to celebrate 50 years as the first ‘perfect’ Radburn neighbourhood in the world
The design of the nation’s capital itself was based in part on the US town of Radburn, New Jersey, where back-to-front homes have front doors opening on public parks rather than the street. In addition, fences are non-existent and circular streets twist around the neighbourhood, never intersecting with a winding network of footpaths. The Radburn […]
Malaysia: Strata law reform – A case of failed expectations?
MANY believe the legal draftsman had perfected the strata law in Peninsular Malaysia when the Strata Titles Act 1985 (Act 318) was amended in 2013 (vide Act A1450) and the new Strata Management Act 2013 (Act 757), was enacted. Both came into force on June 1, 2015. Act 757 repealed the Building & Common Property […]
Australia: Dealing with Threatening Behaviour
Things can get very heated in a strata context. Disputes can be involve peoples’ homes and living arrangements and can be very personal. They can span involve issues and frustrations which have built up over longs periods of time. Those frustrations can lead to emotional reactions and given the spectrum of personality types which can […]
Borneo: Land Reform Laws Set for Parliament Next Month
“I will bring new Strata titles laws to Parliament in March. These are based on the Strata title laws in the Australian Capital Territory,” he said. A strata title is usually associated with townhouses, units and commercial property such as shops or warehouses. Read the article…………………………….
Japan: Large-Scale Condominium Renovation: Collusion and High Costs
In Japan, condominium residents make regular contributions that accumulate for years to fund major renovations, adding up to around ¥1 million per apartment. But some businesses take advantage of resident management associations, with collusion leading to price gouging for construction work. What can residents do? Read the article…………………………….
Singapore: Condo managing committees responsible for fire safety equipment
The managing committees of condominiums are responsible for ensuring that fire safety equipment is functional, said Senior Parliamentary Secretary for Home Affairs Sun Xueling yesterday. Simply hiring a third party to inspect the equipment does not absolve such committees from liabilities under the Fire Safety Act, she added. This means the Management Corporation Strata Title […]
Philippines: Consunji firms to buy back units in quake-damaged condos at 125% to 150% of purchase cost, from 200% as demanded
Two Consunji firms have offered owners of units in their condominiums that collapsed or were rendered unsafe by the series of powerful earthquakes late last year, buyback options of from 125% to 150% of acquisition cost, from 200% as demanded by their clients, and 40,000 pesos a month displacement assistance instead of 50,000. Read the […]
Singapore: High Court overturns Strata Titles Board findings that roof, skylight of house are not common property
The High Court has ruled in favour of the owner of a four-storey townhouse at The Balmoral, who argued that the management corporation (MC) should take responsibility for water leakages in his unit as they originated from areas that are common property. The court, in a written judgment on Thursday (Jan 23), reversed the decision […]
Malaysia: 20 Years On, Most Townhouse Owners Yet To Receive Strata Titles
Majority of townhouse owners of Jalan Saga 26, 27 and 28 in Taman Saga, Ampang Jaya are still waiting for their strata titles even as they have acquired their units for more than 20 years. In fact, only 80 owners of the 200 townhouse units have secured their property titles, reported The Star. According to […]
Australia: Honesty and good faith – changes to the strata title laws in Western Australia
My clients and other strata managers, Proprietors, developers and builders involved in the “strata space” and interested in the amendments previously proposed and now made (though not yet in force) to the Strata Titles Act 1985 (WA) (STA) endured my often excited commentary about the potential amendments. Read the article………………………
Ireland: ‘I’m fed up’: Owners of Sandyford apartments given deadline to pay for fire safety repairs
RESIDENTS OF AN apartment complex in south Dublin have been told the first installment of a possible €14,000 to repair fire safety defects is due at the end of this month. The Simonsridge development in Sandyford was one of 60 across the country included in a fire safety survey conducted by Keenan Property Management (KPM) […]
Germany: Art. 26 GDPR: Joint responsibility of residential property owners’ association and property management company
With a new judgment dealing with the joint responsibility of Art. 26 GDPR, the Local Court of Mannheim is shedding some light on a sub-area of the GDPR In the judgment of 11.09.2019 (5 C 1733/19 WEG), the Local Court ruled that property management is not solely responsible for the data protection interests of the […]
Australia: Make yourself aware of strata law changes (WA)
The Western Australian Strata Title Amendments Act of 2018 is the most significant change to the state’s strata laws in over 20 years. There are more than 300,000 strata-titled properties in existence in WA, with most in the Perth metropolitan area. Read the article………………………….
Philippines: 34 substantive and procedural laws on condominium units
Demand for residential property, particularly condominium units, has steadily increased in the Philippines. According to real estate research company Global Property Guide (GCG), the take-up of pre-sold condominium units in Metro Manila has reached 54,000 units last year, or more than the previous record-high of 52,600 units in 2017. Read the article…………………………
Vietnam: Abolishing conditions for condo operation and management: pros and cons
The Vietnam Chamber of Commerce and Industry (VCCI) has recently submitted a document to the Ministry of Planning and Investment, proposing the removal of the condominium management service from the list of conditional business investment lines in the amended Investment Law. Read the article……………………….
Australia: NSW First Cladding Decision
The recent Tribunal decision in SP92888 v Taylor Construction Group and Frasers Putney [2019] NSWCAT has held that combustible external cladding installed on residential buildings is a major defect for the purposes of statutory warranties under the Home Building Act 1989 (the HBA) and will have significant ramifications on owners of residential buildings wishing to […]
China: New technology needs to balance privacy with utility
A thief was captured in one of the buildings of my condominium on Tuesday. The news created a buzz about security among homeowners in our WeChat group. As we speculated about how the thief would have managed to sneak in and how to prevent such security breaches, someone mentioned using a facial scan machine at […]
The speed limit rules in South African complexes and estates
In April 2019, South Africa’s Supreme Court of Appeal ruled that private residential estates are legally entitled to enforce the rules of such estate against its residents as members of the estate homeowners’ association, including those rules relating to speed limits on the roads within the estate. Read the article…………………………..
Australia: Old v new, strata fees, cladding and more: all you need to know about buying a unit
Ask most prospective homeowners and they’ll probably tell you they’d rather buy a house than a unit. But the financial reality is that apartments are not as expensive so they might be a better bet for people who want to get on to the property ladder. House prices have jumped sharply in Sydney’s inner west, […]
Australia: Forced sales dumped as government introduces strata reform to Assembly (NSW)
Controversial plans that could have forced ACT apartment owners to sell their properties have not been included in the government’s new Managing Buildings Better reforms, which was tabled in the Legislative Assembly on Thursday. Read the article…………………….
Thailand: Condo group seeks action to hike ownership transfers
The Thai Condominium Association has urged the government to seek measures to encourage ownership transfers, on top of mortgage and transfer fee cuts, to help boost residential unit sales. Read the article…………………………..
Australia: Unit owners hit with big bills to ensure blocks comply with fire rules
Unit owners in some of Brisbane’s older apartment blocks are having to pay six-figure body corporate bills to install new water pumps and water storage facilities to ensure firefighters have sufficient water pressure to fight fires. Read the article……………………….
Australia: Body corporate gets Airbnb banned from Gold Coast complex in Queensland first
In a landmark ruling, a Gold Coast body corporate has succeeded in having Airbnb rentals banned from its complex. Two property owners on Fairway Island within the Hope Island Resort gated community wanted to list on the short-term rental site but a magistrate ruled in favour of their body corporate, which was against the proposition. […]
Borneo: New ruling for strata titles to protect both developers, buyers
KUCHING: The Strata Title Ordinance 1995 will be split into Strata (Subsidiary Titles) Ordinance and Strata Management Ordinance. According to Minister of Local Government and Housing Dato Sri Dr Sim Kui Hian, this will be announced during the Sarawak State Legislative Assembly (DUN) sitting next week. Read the article………………………..
Singapore: Faced with limited lots, condos impose various rules on visitor parking — with a bit of common sense
Upon noticing that his condominium in Geylang had parking lots taken up by taxi drivers late into the night, Mr PH Heng decided that enough was enough. With the help of his condo management, the Balmy Court resident implemented stricter visitor parking rules, set a quota of cars for each household, and revamped the entire […]
Australia: Claiming Consequential Damages Against an Owners Corporation: Update Post Shih
In a decision handed down yesterday, the Appeal Panel of the NSW Civil & Administrative Tribunal has held that the Tribunal does not have the power under section 106(5) of the Strata Schemes Management Act 2015 to award damages to a lot owner for their losses incurred by the Owners Corporation’s breach of its duty […]
Australia: Strata Community Association NSW president Chris Duggan says it’s time to “get on with” rectifying the flammable cladding on Wollongong buildings
A strata sector advocate has called for action to “get on with” making Wollongong properties safe that have been identified as containing flammable cladding. In September, the Mercury reported that there were 58 buildings in the Wollongong LGA which have, or may have, the combustible aluminium panels. Read the article……………………………….
South Africa: Could your homeowners’ association stop your home sale?
If you’re buying a property in an estate or cluster complex run by a homeowners’ association (HOA), you need to know that you might not be able to resell that property without the approval of the HOA. Read the article…………………………
Australia: Should pets be allowed in apartment buildings? The Sydney unit owners locked in a legal battle
Half-blind, half-deaf miniature schnauzer Angus is at the centre of a bitter battle at one of Sydney’s most prestigious apartment buildings between those who want to keep it pet-free, and others who think they’re barking mad. The award-winning Harry Seidler-designed Horizon in Darlinghurst has voted to spend $70,000 on legal action to try to evict […]
Malaysia: Landmark court decision: Charge according to fixed formula for all in mixed-use property
It is welcomed news for those owning properties in mixed development projects where they have to pay different rates of maintenance or service charges. An Oct 4 ruling by the Court of Appeal held that the Joint Management Body (JMB) committees of high-rise buildings cannot now charge different rates on owners in mixed development projects. […]
Australia: Strata Titles Amendment Act 2018: Change is coming (WA)
The Strata Titles Amendment Act was passed in parliament last year and the Regulations have been drafted, distributed for public comment and Landgate are now reviewing feedback so that the Proposed Strata Titles Act (General) Regulations 2019 can be delivered to Parliament in the next few months. Read the article………………………..
Australia: Mascot Towers owners appeal for govt help (NSW)
Apartment owners in Sydney’s cracked Mascot Towers have pleaded for the NSW government to help fund remediation work before the building suffers further damage. Better Regulation Minister Kevin Anderson and Premier Gladys Berejiklian were asked about providing low interest loans in parliament on Tuesday. Read the article……………………..
Australia: Are You Speaking Legalese? – The Need for Easily Understandable Bylaws
For instructions to be followed, they need to easily understood, likewise, we believe by-laws should use language and a structure which is immediately apparent and understandable, avoiding the use of legal jargon or overly complicated terms and phrases known as legalese. Read the article…………………………
Australia: Many Mascot Towers owners can’t pay levy
Apartment owners in Sydney’s cracked Mascot Towers have asked for the NSW government to help fund remediation works because a third of them can’t afford to pay a special levy. Residents of the 132 apartments were evacuated in mid-June due to cracking in the primary support structure and facade masonry. Read the article…………………………
Australia: Vegan Cilla Carden’s court action against neighbour (in strata) sparks huge barbecue meat protest
More than five thousand people are planning to attend a protest barbecue outside the home of a vegan who took her neighbour to court over the smell of cooking meat wafting into her yard.Read the article………………
Philippines: Aligning the taxability of membership fees, association dues and the like
On Aug. 13, 2019, the Supreme Court (SC) in the case of Association of Non-Profit Clubs Inc. v. CIR (G.R. No. 228539) declared that membership fees, assessment dues, and fees of similar nature collected by recreational clubs, which are organized and operated exclusively for pleasure, recreation and other nonprofit purposes, are not necessarily subject to […]
Australia: ’24/7 presence:’ Building manager who built underground cave amid stolen goods also allegedly hacked apartment security database (NSW)
A strata apartment manager, who built an ‘Aladdin’s-cave’ inside the complex filled with hundreds of stolen items, watched residents on an allegedly hacked CCTV system from his makeshift bedroom. Jaden Hati, 42, was arrested late last month, following an investigation into the theft of hundreds of items stolen from the underground storage cages of residents […]
Australia: Mascot Towers owners vote to pay $7m levy to fix cracked complex
They have been pushed to the brink of financial ruin, but residents of the doomed Mascot Towers are forking out yet again, agreeing to pay more than $7 million to start repairs on their damaged home. Three hundred people attended an extraordinary meeting last night where a vote was held on whether to bankroll stage […]
Australia: Public consultation begins for WA’s strata reforms
WA’s strata laws and regulations are changing for the better. These are the most important updates to our State’s strata system in over 20 years. Read the article………………………..
Australia: Owners’ rights at top of ACT government’s strata reform agenda
Apartment buyers would be told when “significant” design amendments are proposed for developments which they have bought into, under sweeping changes to how high-rise living is managed in Canberra Read the article………………………..
Australia: Mascot Towers owners slapped with whopping $10 million bill
Residents of Mascot Towers in Sydney were evacuated in June this year, following persistent cracking throughout the building. The emergency repairs were initially touted to cost $5.5 million, but new reports say the owners are now facing a whopping $10 million bill to fix the defects – which is a cost of $76,000 per unit. […]
Malaysia: Study on amendment of Strata Titles Act 1985 and Small Estates (Distribution) Act 1955 at final stage
The study to amend and enhance the Strata Titles Act 1985 and Small Estates (Distribution) Act 1955 is in the final stage. Water, Land and Natural Resources Minister Dr Xavier Jayakumar (pix) said the amendments would facilitate redevelopment of stratified development schemes to address the problem of dilapidated and abandoned buildings. Read the article………………………
Australia: NSW warned of more lawsuits over buildings
The NSW government is being warned it could face a multi-billion dollar lawsuit from apartment owners if it doesn’t urgently address the state’s building problems. The peak body representing strata residents and owners will on Wednesday meet with the government to demand it fix the “dog’s breakfast” in construction standards and flammable cladding. Read the […]
Phlilppines: Government must ensure integrity of condos
A MOST practical assurance that a high-rise residential condominium is reasonably safe when hit by a killer earthquake is to make sure that the developer’s family members themselves reside on its top floor. But that is not always doable. The average condo buyer or tenant is unable to test the integrity of his unit since […]
South African residential estates are now using drones to boost security
South African residential estates are now using drones to keep their perimeters secure, according to Kim James, director of Drone Guards – a company which has been contracted to provide drone security services to a number of residential estates in the country. Read the article………………………….
Bahamas: Board Member Slapped With Restraining Order
ONE of two “warring factions” seeking supremacy of the Lucayan Towers South Condominium Association has been hit with a restraining order after a former board member ordered the locks to the Resident Manager’s office to be changed without the current board’s permission. The Court of Appeal said the invalidated board of Douglas Prudden, Yasmin Popescu, […]
Thailand: Tourist Police raid the C Ekkamai condo to arrest people running rooms as ‘hotel’
Follow up to a story last week where residents of a condo tower in Bangkok were complaining that many of the rooms were being run as a quasi-hotel. The Thai Tourist Police Bureau sent 40 officialst to the luxury Bangkok condominium. The raid was actually last Thursday, three days after the story came to light […]
Malaysia: Strata living not for selfish folk
FOR the past 20 years, Jennifer Khoo and her family have lived in a modest three-bedroom apartment in Ampang, Selangor. She has been diligently paying the RM55 monthly fee for maintenance to the apartment’s joint management body (JMB). She also paid her yearly quit rent of RM47 to the JMB, which is forwarded to the […]