Wednesday, August 2, 2017

Personal Data Protection Act 2010

I received a lot of email via leongdeikun@gmail.com and I thank all that do that rather using the comments sections as it will be more personal and easier for me to reply all the question and advice. Sometimes, I do received attachment in the email and it varies from land title, maps and etc. All of these information are useful for me to advice and assist me to reach my hypothesis and conclusion. However I would like to seek your understanding that due to the sensitivity of the land information in all the attachment, I would hope that you to filter all the personal/sensitive information before forwarding it in the world wide web.
For your reference, all the email/attachment that I received are kept personal to me and no other parties have access to it and I never share it to other parties. So I hope that any party that wish to share/email me documents, please practise self censorship to safeguard the information that you have that belong to you or other parties that entrusted to you. In 2010, the PDPA had been gazetted, so you need to be more careful on handling personal data of anyone in your care.
For more information about PDPA, please read more at the links below :

Links to PDPA Act 709 :-
http://www.pdp.gov.my/index.php/en/akta-709/personal-data-protection-act-2010

Links to Department of Protection of Personal Data :-
http://www.pdp.gov.my/index.php/en/

Wednesday, July 12, 2017

JUPEM KPUP Circular 1/2017 on Limited Common Property

Subsidiary management corporation and limited common property are the major update to the Strata Title Act 1985 (Act 318) during the amendment in 2013. Even though the amendment was gazetted at 2013, the actual implementation date was only enforced in 2016.
Subsequently there are a lot of inquiries on the method and application process for this matter and it seems there aren't any much reference on the application process, documents required, approval process, checking process and etc.

Some of the major issue that hinder the application and implementation of the subsidiary management corporation are as below :-

1. Cost
- Charges required by the authorities (land office and JUPEM) i.e. application fees, approval fees ..etc
- Charges by Licensed Land Surveyor for the survey works and preparation of special plans (demarcation of limited common property area) for approval
2. Time
- Time required for the survey works, preparation of plans by Licensed Land Surveyor
- Time to process, approval by land office and JUPEM
3. Format/checklist
- Supporting documents, certification, fees and plans required by land office and JUPEM
4. Implementation / processing
- Most of the time, the receiving and customer service of the land office or JUPEM are not prepared to accept any application related to subsidiary management corporation
5. Approval
- Even upon receiving the application, the director of land office and JUPEM will not approved any application without having a clear guideline and agreed upon by all the officer (after checking and processing)

Why the delay ?
Land matter including strata matter are all govern by the state government and the state government are liable and subject to lawsuit if any issues arise afterwards. In this case, if the approval for the creation of subsidiary management corporation created further dispute by the strata property owner, this will create unnecessary problem to be solved by land office hence it must be thoroughly before approval can be granted.

Sample of special plan prepared by Licensed Land Surveyor :-

Above : Different colour are being used to indicate the different limited common property for different subsidiary management corporation. Take note of different facilities being colour differently
Above : Roof area being colour differently
Above : Cross section of the development colour differently to indicate the limited common property of the building facade
Above : Plan view with the demarcation of building facade as limited common property

Links to download the circular :-
https://drive.google.com/file/d/0B01GwkuUeyBrMVM2WjY3WEtXSFk/view?usp=sharing

Links to JUPEM (Circular) page :-
https://www.jupem.gov.my/v1/my/sumber/pekeliling/pekeliling-kpup/

Note :
1. Preparation of the special plan do not required the dimension to be shown on the demarcation of limited common property. This might create uncertainties on the actual boundary at site.
2. Preparation of special plan will require a reconstruction of the plan for entire strata development and it will be difficult and time consuming (except in the case where the original Licensed Land Surveyor for the strata title application are appointed to produce the special plan). Currently all record of the certified plan available to public are in image format (Tiff)/hardcopy and not CAD format.

Sunday, July 9, 2017

General Common , Common Common, Common Property or Limited Common Property ?


"common property" means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in a certified strata plan;
- Section 4, Strata Title Act 1985(Act 318)-

Above is the definition of common property from Strata Title Act and we need to pay attention to the wording used in the Act and for the sake of uniformity we should stick to this name. Currently   usage of word such as "general common", "common common" & etc. to define common property area in a strata development. This always caused confusion to the general public as what the difference between all of them ? Are they the same thing or different area in the strata development ? 

Based on the current market practice/understanding all the above are the same which means :-
General Common = Common Common = Common Property 

So I wish that everyone could choose to use the word "common property" instead of the others in order to reduce misunderstanding and to keep everyone in the same page.

Why there are a need for different word to be used than common property ?
The complexity of current strata development are the major caused. During the early days of strata development, the composition/types of parcel in a strata development are normally single type usage ie. residential or commercial. 
However as development start to mix residential, commercial component into a single development so problem will arise on the demarcation of usage of area in the strata development. Developer/building manager will have to proportion the cost of maintenance, security, entry to enable the strata development to be viable/successful. By defining an area as residential common, commercial common and common common/general common is an easy way to explain to everyone the differences of area inside the strata development. Hence the creation of all these definition.

Basic composition of area in a strata development comprises of "Parcel", "Accessory Parcel" and "Common Property". In any official strata title related plan the demarcation of area will show all these area in that particular strata development. Parcel and accessory parcel area will be shown with parcel number, dimension and area. Common property will normally be colour yellow.

In the amendment of Strata Titles (Amendment) Act 2013 (Act A1450), limited common property was introduced. In a new section 17A, limited common property can be created and managed by  a subsidiary management corporation. 

How/when we form subsidiary management corporation ? You need to setup a management corporation first (after obtaining your strata title) and pass a resolution in the meeting by the way of comprehensive resolution (2/3 votes approval).

What we can learn from the above ? 

1. No limited common property can be designated during the initial stage of a strata development (prior to strata title issuance or establishment of management corporation)
2. Comprehensive resolution are required for the establishment of any subsidiary management corporation and limited common property. 
3. Only qualified proprietor/ strata title owner can vote and decide on the establishment of subsidiary management corporation and demarcation of limited common property, not the developer or architect even the building manager. 

Hope the above will bring some light on this subject matter and hopefully can guide all towards using a proper wording to explain on strata title issue. 

Monday, May 1, 2017

Land Conversion - Premium (Selangor)

One of the most common question that come to me is conversion premium. The above are some screen shot of a pamphlet from Selangor government for the conversion of land which include the application, premium rate and approval authorities.

Premium rate are as below :-

Agriculture to Residential = 15%
Agriculture to Commercial = 30%
Agriculture to Industry = 20% - 30% depending on type
Residential to Commercial = 15%
Industry to Commercial = 10%

All the above are based on the valuation of land that you wish to be converted. Not the original land valuation rate.

Further link can be found below (Kuala Langat Land Office Version) :-
http://www2.selangor.gov.my/kualalangat/resources/BAHAGIAN%20TANAH/PAMPLET%20TAHUN%202015/PAMPLET_TUKAR_SYARAT_-_update.pdf

Wednesday, January 4, 2017

Happy New Year 2017

Happy New Year and hope everyone have a great year ahead. As usual, due to the goodwill of Mr. Chan the Star Almanac 2017 are here, email me via leongdeikun@gmail.com for further details.
Thanks Mr. Chan and Happy New Year to him, great wealth and health ahead.

Wednesday, December 23, 2015

A new year and a new Almanac

Its been a long time since I last post anything here. A busy 2nd half of 2015 which causes less time dedicated to writing here. Anyway, a gentle reminder from Mr. Chan again that a new year is coming by having the 2016 gift being a copy of Star Almanac for Land Surveyor.
A great thank you to Mr. Chan again for his kindness and the same method of borrowing this applies, email me at leongdeikun@gmail.com for more information.

Sunday, June 21, 2015

Pekeliling Ketua Pengarah Ukur dan Pemetaan Bil 1/2015



JUPEM had published its first circular for year 2015 as the guideline for issuance of strata title for the reference of all. This is quite important as it will be the reference guide for a few department especially JUPEM, Land Office, COB, Licensed Land Surveyor, Architect and developer.
The circular are break into 2 volumes and both contains almost 200 pages of information, plans and flowcharts and explanations that are required for the entire strata title application and approval process.
This guideline was published last week 15th June 2015 can be download via JUPEM website or via the links below :-

https://www.jupem.gov.my/index.php?action=pekeliling

Volume I
https://drive.google.com/file/d/0B01GwkuUeyBrbEVKZl96TFhwMU0/view?usp=sharing

Volume II
https://drive.google.com/file/d/0B01GwkuUeyBrcGdTc0FSWWtuYVk/view?usp=sharing