In a quandary over strata titles
03/09/2007 The Star By JADE CHAN

A GROUP of flat owners in Jalan Union are frustrated that they have not received the strata title for their flats for over 20 years.

“Without the strata title, we can’t transfer or sell our property,” said Peter Simon Thomas, a 46-year-old businessman who was representing the nine flat owners of Lots 345, 346 and 347 at Section 79, Jalan Union, Sentul.

Thomas said the owners had moved into their flats in the early 1980s, and their properties were fully paid for in 1986.

“When the Strata Title Act 1985 was implemented, we approached our flat developer Hwa-Li Sdn Bhd, as it is stipulated that it is compulsory for the developer to apply for strata titles.

“We got a shock when we received eviction notices from Nagalaga Sdn Bhd in 1996, stating that we had to move out of our flats.”

The residents found out that liquidators had seized Hwa-Li’s assets following its bankruptcy and that their flats were probably bought over by Nagalaga.

“We had a dispute because we didn’t have individual strata titles and ownership title of our flats were now under Nagalaga,” said Thomas.

“We also applied for a caveat on each individual property after receiving the eviction notice to prevent Nagalaga from selling, transferring or doing anything to our properties.”

The residents then had two meetings in May and Aug 1996 with Federal Territory (FT) Land and Mines Department representatives, Segambut MP Datuk Dr Tan Kee Kwong and then deputy Land and Co-operative Development Minister Dr Goh Cheng Teik to highlight their plight.

“The FT Land and Mines Department representatives decided that Nagalaga was bound by the sales and purchase agreement and Strata Titles Act 1985 to apply for our strata titles,” said Thomas.

He claimed that Nagalaga has refused to apply for the strata title and there has been no news from the FT Land and Mines Department, the enforcement agency for their strata title case.

A representative from Nagalaga Sdn Bhd stated that they were the bona fide purchasers of the lots, which they bought from Kwong Yik Band in the early 1990s, and not developers.

“We bought a few properties, including several flats and land from Hwa-Li, but we weren’t aware that there were residents in the Jalan Union flats.

“We later received a letter from the Land and Mines Department asking us to apply for the strata title,” he said.

“We suggested to the Land and Mines Department officers that we form a committee involving all three parties , as well as a surveyor and lawyer.

“The surveyor will do the submission of the strata title, provided the residents can prove they’re genuine purchasers of their flats. The cost for the strata title application will be apportioned accordingly.”

The representative added that they would also like to settle the case as soon as possible, and has yet to receive a reply from the Land and Mines Department.

A representative from the FT Land and Mines Department could not be reached for a comment.