The strata management tribunal: a new dimension of Malaysian strata titles law

The strata titles law in Peninsular Malaysia has been first embodied in its own statute namely the Strata Titles Act, 1965. Prior to the enforcement of this main statute, the law on sub-divided buildings stood as part of the types of titles in the National Land Code, 1965 which was known as “subsidi...

Full description

Bibliographic Details
Main Authors:	Sufian, Azlinor, Mohamad, Nor Asiah, Mustafa, Maizatun, Syed Abdul Kader , Sharifah Zubaidah
Format:	Conference or Workshop Item
Language:	English
Published:	2013
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/45385/ http://irep.iium.edu.my/45385/ http://irep.iium.edu.my/45385/1/45385.Pdf

id	iium-45385
recordtype	eprints
spelling	iium-453852015-11-23T03:20:27Z http://irep.iium.edu.my/45385/ The strata management tribunal: a new dimension of Malaysian strata titles law Sufian, Azlinor Mohamad, Nor Asiah Mustafa, Maizatun Syed Abdul Kader , Sharifah Zubaidah K Law (General) KPG Malaysia The strata titles law in Peninsular Malaysia has been first embodied in its own statute namely the Strata Titles Act, 1965. Prior to the enforcement of this main statute, the law on sub-divided buildings stood as part of the types of titles in the National Land Code, 1965 which was known as “subsidiary title”. The Strata Titles Act, 1965 may be regarded as the move towards having a more comprehensive law relating to the issuance of strata titles as well as the management of strata buildings. Under the Strata Titles Act, 1985, there exists the Strata Titles Board which was supposed to be the mechanism to settle disputes arising from issues relating to management of strata title buildings and facilities. Nevertheless the Strata Titles Board was not properly utilised and thus there were many problems on management of strata title buildings. Consequently the Building and Common Property (Management and Maintenance) Act, 2007 has been enforced though its effectiveness is somewhat questionable. Thus for those who cannot resolve their disputes amicably (for instance between a unit owner and a developer), claims may be filed before the ordinary courts. In lieu of this, the newly passed bill i.e. the Strata Management Bill 2012 (“SMB”) establishes a Strata Management Tribunal (“SMT”) with the aim to be an administrative forum to hear claims relating to maintenance and management of strata title buildings. The objective of this paper is to evaluate selected SMT provisions and to discuss whether this Tribunal would be the effective mechanism to resolve problems related to strata title buildings. This paper is prepared by utilising the qualitative approach. The findings suggest that there are a few provisions of the SMB and SMT that needs to be improved. 2013 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/45385/1/45385.Pdf Sufian, Azlinor and Mohamad, Nor Asiah and Mustafa, Maizatun and Syed Abdul Kader , Sharifah Zubaidah (2013) The strata management tribunal: a new dimension of Malaysian strata titles law. In: Asia Pacific Network for Housing Research (APNHR 2013), 20th-22nd August 2013, Faculty of Built Environment, University of Malaya. http://www.apnhr2013.com/p/sharing-rights.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Sufian, Azlinor Mohamad, Nor Asiah Mustafa, Maizatun Syed Abdul Kader , Sharifah Zubaidah The strata management tribunal: a new dimension of Malaysian strata titles law
description	The strata titles law in Peninsular Malaysia has been first embodied in its own statute namely the Strata Titles Act, 1965. Prior to the enforcement of this main statute, the law on sub-divided buildings stood as part of the types of titles in the National Land Code, 1965 which was known as “subsidiary title”. The Strata Titles Act, 1965 may be regarded as the move towards having a more comprehensive law relating to the issuance of strata titles as well as the management of strata buildings. Under the Strata Titles Act, 1985, there exists the Strata Titles Board which was supposed to be the mechanism to settle disputes arising from issues relating to management of strata title buildings and facilities. Nevertheless the Strata Titles Board was not properly utilised and thus there were many problems on management of strata title buildings. Consequently the Building and Common Property (Management and Maintenance) Act, 2007 has been enforced though its effectiveness is somewhat questionable. Thus for those who cannot resolve their disputes amicably (for instance between a unit owner and a developer), claims may be filed before the ordinary courts. In lieu of this, the newly passed bill i.e. the Strata Management Bill 2012 (“SMB”) establishes a Strata Management Tribunal (“SMT”) with the aim to be an administrative forum to hear claims relating to maintenance and management of strata title buildings. The objective of this paper is to evaluate selected SMT provisions and to discuss whether this Tribunal would be the effective mechanism to resolve problems related to strata title buildings. This paper is prepared by utilising the qualitative approach. The findings suggest that there are a few provisions of the SMB and SMT that needs to be improved.
format	Conference or Workshop Item
author	Sufian, Azlinor Mohamad, Nor Asiah Mustafa, Maizatun Syed Abdul Kader , Sharifah Zubaidah
author_facet	Sufian, Azlinor Mohamad, Nor Asiah Mustafa, Maizatun Syed Abdul Kader , Sharifah Zubaidah
author_sort	Sufian, Azlinor
title	The strata management tribunal: a new dimension of Malaysian strata titles law
title_short	The strata management tribunal: a new dimension of Malaysian strata titles law
title_full	The strata management tribunal: a new dimension of Malaysian strata titles law
title_fullStr	The strata management tribunal: a new dimension of Malaysian strata titles law
title_full_unstemmed	The strata management tribunal: a new dimension of Malaysian strata titles law
title_sort	strata management tribunal: a new dimension of malaysian strata titles law
publishDate	2013
url	http://irep.iium.edu.my/45385/ http://irep.iium.edu.my/45385/ http://irep.iium.edu.my/45385/1/45385.Pdf
first_indexed	2023-09-18T21:04:35Z
last_indexed	2023-09-18T21:04:35Z
_version_	1777410848230211584

The strata management tribunal: a new dimension of Malaysian strata titles law

Similar Items