Questions on collective sale laws
I REFER to last Friday’s letter by the Ministry of Law, ‘Rights of all
owners adequately protected’.
I am particularly troubled by the statement: ‘We have taken steps under
the Land Titles (Strata) Act to ensure the rights of all owners are
adequately protected and provide recourse for those who feel aggrieved for
any reason.’ For any reason? According to current laws, the Strata Titles
Board will consider only financial objections. Non-financial objections
are deemed irrelevant. So anyone objecting to a collective property sale
for non-financial reasons has no legal recourse.
Also, an objector to a collective sale may be ordered by the Strata Titles
Board to pay the legal costs of the majority consenting owners if his
objection fails. For an individual, the prospect of having to pay legal
costs is intimidating and makes any application to the Strata Titles Board
to object to a sale a non-starter.
I also refer to the aim of land use optimisation, said to be the policy
consideration behind the collective sale laws. What specifically is meant
by ‘optimisation’ and how is it evaluated? Is it linked to national good,
which is more heartfelt and intangible? Or is it to be measured in terms
of economic or financial benefits only, and if so, whose?
Are collective sale laws retained because the benefits outweigh or justify
the social costs and detrimental effects of the sales? These are – among
others – destruction of social communities caused by pitting neighbour
against neighbour, demolition of good buildings for commercial profit and
emotional distress of losing one’s home.
Finally, I am curious why only strata title owners bear the burden of this
presumably national-interest public policy. If land use optimisation is
the aim, there should be a nationally applied policy by which no property
owner (not even owners of good class bungalows) is exempt from having his
property compulsorily acquired if he is not optimising the use of the land
he owns.
Jeannette Chong Aruldoss (Ms)
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