News by Datuk Chang Kim Loong

Since its enactment in 2015, there has not been any news of developers being prosecuted under this new Section, although cases of abandonment abound. Enforcement is still the key on whether the law is effective in protecting property buyers.

The Government has heeded the recommendations of the National House Buyers Association (HBA) to close the floodgates and resolve the issue.

The structure of strata titles designates the MC as the owner of the land, which enables parcel owners to have more control over the spaces they occupy. The MC is also responsible for matters involving legal obligations in its dealings.

Many may not be aware that they have generally six years’ period to commence legal action to enforce their rights if they suffer from any physical or financial injury. This is stipulated under Section 6(1)(a) of the Limitation Act 1953.

Indeed, there are responsible developers in our midst, whose names are synonymous with quality and trust

The housing and local government ministry (KPKT) has often advocated in the media that the ministry will be passing new laws for the protection of house buyers. Then why don’t we have a new clause in the statutory SPA to allow purchasers to “inherit” the manufacturers’, contractors’ and suppliers’ warranties given to the housing developers?

The pandemic has changed the way homeowners use and enjoy the common properties of their subdivided buildings.

Why is this decision so important? And how could this protect the rights of property buyers?

Datuk Chang Kim Loong: In the context of the SMA, the awards and the grounds of awards handed down by the Tribunal can serve as an invaluable source of reference for the public.

Datuk Chang Kim Loong: The National House Buyers Association (HBA) has received numerous complaints where developers had failed to redeem from the onset but instead paid off the redemption sum at the last stages of the schedule of payment.