Assignment topics: Topic : Explain the basic characteristics and features of the Strata title scheme in Malaysia.

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Law Group assignment Topic #2
Characteristic and Features of Strata Title
OUTLINE
1. Introduction
2. Strata Management or Responsibility
3. Key Aspects
4. Important Postulates; Terminology
5. Characteristic and Features
6. Impact of SMA 2013 and STA 2013
7. Conclusion
INTRODUCTION
Title “Strata” or Strata title denotes ownership being devised for multilevel blocks of apartments
along with horizontal subdivisions including shared areas. First of this title „Strata‟ had been
used in New South Wales, Australia in the year 1961for the betterment of apartment blocks
ownership legally.
Previously an adequate method existed which was only “Title” division of ownership and has
had various defects among them institutional mortgage was the most common.
Despite of Australia following countries also have adopted the similar apartment ownership;
Canada (Alberta, British Columbia), Fiji, Indonesia, India, Malaysia, Philippines, Singapore,
South Africa, United Arab Emirates, and New Zealand. These countries have legislation which is
ased on similar principles with variation in definition. They use different mechanism in their
execution with respect to administration.
In Malaysia, this act is being stated as “Principal Act”. Strata Title concept is composed of
common as well as individual lots property where lots may be either a garage, storerooms,
apartment, etc had been owned by Lot owner while as everything else on land‟s parcel which is
not comprised in any lot is known as Common Property like driveways, gardens, roofs, stairwells
etc.
https:
en.wikipedia.org/wiki/Canada
https:
en.wikipedia.org/wiki/Alberta
https:
en.wikipedia.org/wiki/British_Columbia
https:
en.wikipedia.org/wiki/Fiji
https:
en.wikipedia.org/wiki/Malaysia
https:
en.wikipedia.org/wiki/Philippines
https:
en.wikipedia.org/wiki/Singapore
https:
en.wikipedia.org/wiki/South_Africa
https:
en.wikipedia.org/wiki/United_Arab_Emirates
https:
en.wikipedia.org/wiki/New_Zealand
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A Property Law has common Part of Series
S. N. Titles Segments
1 Types Personal and Real Properties
2
Acquisition
Conquest, Discovery, Deed, Bailment, Accession, Gift,
Alienation, Mislaid/Lost/Abandoned property, Treasure
trove, Adverse Possession License
3 Estates in Land Fee simple, fee tail, concu
ent estate, real estate
4 Conveyancing Strata Title, mortgage, Escheat
5 Control in Future use Doctrine of worthier, restraint on alienation
6 Non-possessory Interest Easement, Covenant, Profit
STRATA MANAGEMENT
It is also known as „Body Corporate Management‟ which is a specialist area that deals with
management of property and involves property‟s management and operation on daily basis that
comprises as per multiple units or jointly owned including common facilities with respective
areas. As Strata Title has been derived from property law concept of Australia which did apply to
common ownership administration in apartment building on multiple strata or level hence the
termed is coined Strata. It has been accepted in various countries worldwide and in United States
this is one of the fastest growing forms in housing sector similar to CID i.e. Common Interest
Development category which is being included as a planned unit development focusing single
family home commonly known as condominiums, cooperative apartments or HOAs (Home
Owner Associates). An establishment of Strata Title is required for a successful execution of this
management which could provide a best framework for ownership, development management
guidelines including multiple users or owners.
Role of Strata manager is to work with executive committee and corporation...