theSun Property July 2015

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ON FRIDAY JULY 17, 2015
>Amendments to local Strata Title andHousing
Development Acts
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BERKELEY HOMES South East
London Ltd has launched the first
phase of SouthQuay Plaza, UK’s
tallest residential development
located in the historical London
Docklands. A vibrant mixed-use and
sustainable waterside development
that is set to complement the
London skyline, SouthQuay Plaza
comprises a 68-storey, 220m tower
and a smaller 36-storey tower.
Encompassingmore than a
million sq ft, the development
features 888 residential properties,
including 188 affordable homes as
well as commercial space for cafes,
shops and restaurants.
The plans also include over 1.6
acres of public space, including a
newdockside promenade and a
pocket park. With proximity to
London City Airport, it provides
excellent business links toNew
York, Paris and Zurich. This will be
SouthQuayPlaza set tograceLondon’s skyline
further enhancedwith the arrival of
the Crossrail in 2018 connecting
Heathrow to CanaryWharf in less
than 40minutes.
SouthQuay Plaza offers a
selection of light and spacious,
studio, one, two or three bedroom
apartments and penthouses.
Conceptualised to embodymodern
urban living, each space within
every property has been carefully
considered andmeticulously
designed. Meanwhile, the iconic
stepped tower structurewill be built
at a 45 degree rotation tomaximise
viewof the surrounding streets and
waterways. Each apartment comes
with floor-to-ceiling windows
which offer a panoramic viewof the
city’s skyline.
Residents will benefit froman
exclusive, state-of-the-art health
club and spa, complete with a 20m
double height panoramic swimming
pool, while the
entire 56th floor is
dedicated to a
residents’ club
lounge that
includes a bar,
screening room,
business lounge
and an enormous
terrace with an
outside bar and
dining facilities.
Additionally, a 24-
hour concierge
service will be on
hand to provide
assistance, frombooking
restaurants to organising
transportation.
BerkeleyHomes (South East
London) managing director Harry
Lewis said: “At BerkeleyHomes, all
of our developments are designed
not only to be fantastic places to live
but also to permanently enhance the
neighbourhoods inwhich they are
located. At SouthQuay Plaza, we
have gone one step further by
creating a visionary scheme of
outstanding design quality both
inside and out, with superb
residents’ facilities and 1.6 acres of
beautifully landscaped gardens and
public realm. With the help of
Foster + Partners, this sets a new
benchmark for quality London
living.”
The expected completion of the
first phase of SouthQuay Plaza will
be in 2020. For more information or
to register, please visit www.
southquayplaza.london
BY DATUK PRETAM SINGH
DARSHAN SINGH
THE property industry in
Malaysia has gone
through a turbulent time
in the last twomonths.
his is due to the amendments to
the following Strata Titles 2013
Acts – StrataManagement Act
2013 was enforced on June 1,
StrataManagement
(Maintenance &Management)
Regulations 2015 on June 2, 2015
and StrataManagement (Strata
Management Tribunal)
Regulations 2015 on July 1.
Simultaneously, the Housing
Development (Control and
Licensing) (Amendment) Act
2012 came into force on June 1, the
Housing Development (Housing
Development Account)
(Amendment) Regulations 2015
on June 2 and the Housing
Development (Control and
Licensing) (Amendment)
Regulations 2015 and Strata
Management (Strata
Management Tribunal)
Regulations 2015 on July 1.
With GST recently enforced
on commercial property from
April 1, certainly it has not been
business as usual for developers,
bankers and house purchasers, as
far as property development in
the country is concerned.
These amendments are a
veritable legal porcupine bristling
with interesting and complex
points of the law, which needs to
be addressed by all concerned for
the betterment of the industry.
DEED OF MUTUAL COVENANTS
It has been common practice that
all strata parcels in the country be
governed by the Deed of Mutual
Covenants, which spells out the dos
and don’ts in a strata community,
both high rise and landed.
It is indeed interesting to note
that notwithstanding Hue-Siew
Kheng’s (JC) strong condemnation
regardingWoon Brothers
Construction Sdn Bhd vs
Mewahrembang Sdn Bhd [2009]
1 LNS 1015 that: “To the extent
that the provisions of the Deed
Demiseof the Deedof
Mutual Covenants
of Mutual Covenants are
inconsistent with the Sale and
Purchase Agreement, these
provisions are illegal and
unenforceable against the
purchaser”.
Yet lawyers and developers use
their drafting and crafting skills to
churn out pages and
pages on DMC, sometimes nearly
75 to 80 pages.
SECTION 148 STATES:
This, however, came to an end on
June 2, 2015 as Section 148 of the
StrataManagement Act states that:
“On the coming into operation
of this Act, in a local authority area
or part of a local authority area or
in any other area, the provisions of
any written law, contracts and
deeds relating to the maintenance
andmanagement of buildings and
common property in as far as they
are, contrary to the provisions of
this Act, shall cease to have effect
within the local authority area or
that to the other area.”
And all contracting out from the
StrataManagement Act is strictly
prohibited.
SECTION 149 STATES:
1) “The provisions of this Act shall
have effect notwithstanding any
stipulation to the contrary in any
agreement, contract or
arrangement entered into after
the commencement of this Act.
2) “No agreement, contract or
arrangement, whether oral or
wholly or partly in writing,
entered into after the
commencement of this Act shall
operate to annul, vary or exclude
any of the provisions of this
Act.”
“By-laws” means the by-laws
which are in operation in respect
of the building or land intended
for subdivision into parcels or
the subdivided building or land,
and the common property as:
a) prescribed by the regulations
made under section 150 for
regulating the control,
management, administration,
use and enjoyment of the
building or land intended for
subdivision into parcels or the
subdivided building or land,
and the common property; or
b) provided for, in any
additional by-laws made
under section 32, 70 or 71.
REGULATION 28 OF THE
STRATAMANAGEMENT
REGULATION SPELLS OUT
THAT:
The by-laws having effect in
relation to every subdivided
building or land and common
property, and to bind the
management corporation or the
subsidiarymanagement
corporation, as the case may be,
and to bind all the proprietors
constituting the management
corporation or the subsidiary
management corporation, as the
case may be, are as set out in the
Third Schedule.
Thus from June 2, the only
surviving DMC is the Third
Schedule of the Regulation, thus
making the Third Schedule the
standard DMC for all strata parcel
owners in the country.
Follow our column next week
to learn of the Third Schedule
(Standard DMC) relevant to
all strata parcel owners in
the country.