Separate quit rent billing on strata titles a reality?
SCENARIO A: For 15 years, more than 50 owners of 90 condominium units diligently contributed their share of quit rent, apportioned by the developer’s surveyor, to their developer.
They were stunned when they made checks at the Wilayah Land Office and found that their designer had some way or another utilized their bit of installment towards unfulfilled obligations that had amassed to RM114,432 somewhere around 2005 and 2013. This consider does not bring along with record the quit rent for the present year and the late punishment that was forced by the related area office. Additional stunning was that the punishment exacted was a significant robust total well beyond the back payments.
(Note: It is a strategy of each area office that stop rent (land rent) must be paid yearly, not later than May 31, coming up short which a punishment of 10% will be required.)
To rub salt into their injury, the now ancient designer, when drawn nearer by the proprietors/purchasers, educated them that they have not sought after recuperation through legitimate means, against those stubborn unit proprietors who have not paid their offer of the quit rent.
Will those well behaved proprietors then need to pay the distributed punishments forced by the area office against their defaulting designer, for inability to successfully gather from those unmanageable proprietors? It is not out of the question that partition of punishments be borne by the designer! Maybe, this circumstance permits the designer the very reason that they are, consequently, not able to apply for strata titles.
Situation B: I have paid my allocated stopped rent of RM55 to the JMB/MC yet other co-proprietors have not. My exchange of strata title to my child can’t be enrolled by the related area office in light of the fact that the aggregate quit rent payable on the expert title is RM19,500 and has not been paid. The way that others neglected to pay have foiled my exchange of strata title. That is not reasonable!
Strata titles application
It is a prerequisite of each area office all through Peninsular Malaysia that stop rent must be paid up to the season of utilization for strata titles. This is accommodated in Section 9(e) of the Strata Titles Act, 1985.
For whatever length of time that the quit rent is not forked over all required funds, down to the last cent, subdivision of any working into strata titles can’t be prepared by the area office. It is, hence, appropriate that bundle proprietors ought to arouse their delegate bunch under JMB status to have periodical discourse with their designers, or their named overseeing operators, and to make free checks at the area office in the region where their property is arranged. For whatever length of time that the strata titles are not connected for by the engineers, they will never be issued by the area office who have regularly been rebuked for the excessive deferrals.
Legal counselor’s quandary
In a circumstance where separate strata titles are accessible for conveyance to the package proprietors, the legal counselor delegated by the proprietor will embrace the said transmission through the imperative update of exchange (MoT) recommended under the National Land Code, 1965 for adequate exchange from the designer (transferer) to the purchaser (transferee).
Additionally, it is the arrangement of each area office that stop rent receipt must be created at the enrollment counter (of the area office) as confirmation that the quit rent has been paid up to the present year before they can acknowledge the MoT for enlistment. Enlistment charges are additionally payable at the season of presentation.
Regularly, the legal counselors are gotten in a Catch-22 circumstance that obstructed enrollment of the MoT, where some unyielding designers will be uncooperative and decline to notice their grievances for a quick settlement of the quit lease in order to encourage exchange of their strata titles. Among the reasons are the accompanying:
> Some of the proprietors have not paid up their commitment of quit rent;
> The engineer is purportedly engaging against the re-alteration of those rates;
> The punishments forced by the area office, on deferred installment of quit rent, are uncalled for as they need to allocate the punishments to those package proprietors paid after the cut-off date i.e May 31; and
> Since the most recent day to pay the quit rent to the area office is May 31, why pay early when the designer can use those gathered assets for some different purposes? There is nothing in it for them to encourage the MoT enlistment.
The wonderful development of stratified working as of late has postured new difficulties to the law and practically speaking. Enactment must be corrected and re-revised to keep pace with such advancement. Alterations were made to the Strata Titles Act 1985 in 2007 which in addition to other things, brought into operation the computerisation framework for strata titles.
With the computerisation arrangement of strata titles came procurements that identify with the structures, the methodology for readiness and enrollment of the title, managing in bundle and section or underwriting, remembrance and change.
The said alterations have been in power since April 12, 2007 for Peninsular Malaysia. One of the relevant alterations is the erasure of Section 43 (1)(j) of the Strata Titles Act, 1985 that identifies with “obligations and force of the overseeing enterprise” to “pay the rent of the part”.
The “parcel” here alludes to the expert (guardian) title preceding subdivision. All the prior means the way that it is conceivable to have separate charging of stopped rent (land income) on the “individual bundle” i.e. strata titles rather than the “part”.
Why then is particular stopped rent charging not done by the area workplaces? Is there a lacuna in the law? Assuming this is the case, why hasn’t something been finished? What have the powers accomplished for as far back as eight to nine years to give it clarity?
How about we get functional
For a long time, the National House Buyers Association (HBA) has communicated its dissatisfaction of the ills of not having separate stopped rent charging despite the fact that we have separate strata titles. It doesn’t bode well to have one without the other.
In the event that there is a “misstep”, why don’t the powers make a move as opposed to letting the rakyat endure? Without a doubt, eight or nine years is sufficiently long to go to something as basic as “one quit rent bill for one package property”!
The HBA has had a few exchanges with Pemudah’s Focus Group on Registration of Property (FGRP) (http://www.pemudah.gov.my) advisory group helmed by Datuk Andy Seo and co-led by Datuk Sallehuddin Ishak (the recently designated executive general of JKPTG) and the result of the gatherings look positive and forward looking.
The significant obstruction, that is the outlook of the administration office is currently behind us in view of the support from Chief Secretary to the Government Tan Sri Ali Hamsa.
It is visualized that the positives that will be imagined from these endeavors would be the accompanying:
> There will, from this time forward, be isolated charging of quit rent to individual package proprietors like the evaluation rates (to ratepayers) charged by the neighborhood gathering;
> This empowers installment of yearly quit rent on individual packages and not on the whole parcel;
> Quit rent on the basic property too will be allotted by the area office and joined into the different quit rent bill;
> The framework change for partitioned billings will be made compelling starting one year from now on a perfect platter (signifying “zero record”);
> Quit rent unfulfilled obligations before the year finishing 2016 will must be the weight of the engineer or JMB (joint administration body) or MC (administration organization), as the case any be, to acquire gathering from those reprobate bundle proprietors; and
> Billings will be to the closest ringgit.
We truly trust that there will be no change of heart to foil the smooth use of strata titles.
Source : thestar.com.my