Gated and Guarded Communities “NOBODY’S CHILD, NOT ANYMORE” DO YOU KNOW? G & G Communities Dilemma (进退两难) Finally Solved, do you know? Amended Strata Titles Act 1985 is now known as the Strata Titles (Amendment) Act 2007 now allows a GACOS to be statutorily created and regulated more effectively like any other types of strata high-rise development. As such, landed parcels with buildings are now being governed by the Strata Titles Act, in the same way as a high-rise building, if a developer chooses to do so. This means that for the purposes of the Strata Titles Act 1985, land parcels with buildings can in certain circumstances be treated like a multi-storey building lying down on its side. There are several important qualifications though. Section 5 (h) of the Strata Titles (Amendment) Act 2007 is that only buildings of not more than four (4) storeys may be erected on the land parcels intended to be subdivided and held under separate strata titles, or an accessory parcel. Furthermore, any Deed of Mutual Covenants (DMC) entered into between the developer and a purchaser of a parcel in a GACOS scheme agreement can be now easily enforced as bylaws under the Strata Titles Act (amended) 2007. The enforcement and common property management can now also be carried out under the Building and Common Property (Maintenance and Management) Act 2007 (BCPA) or ACT 663, when the Management Corporation (MC) has not come into existence. This is a huge step forward from the past bad practice by the developer which was also problematic for the Resident Association (RA) who takes over the management later. PROBLEMS ARE If, without new legislation governing the Management & Collection of Maintenance Fee for G & G Development except by a contract Deed of Mutual Covenants (DMC) signed between the developer and the first purchaser. After the sub-sale, RA encounters lots of problems to continue to managing the common property, it is very difficult without money, to maintain all the facilities, would not be able to properly up keep and maintained all facilities to a reasonable standard. The RA would imaginably suffer in the long run. However, as if the development suffers, the value of the property would also fall. This I don’t have to elaborate further. Written by: Joseph Wong Date: 13-1-2015
Posted on: Tue, 13 Jan 2015 03:28:28 +0000
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