The redevelopment pandemonium of stratified building: a case study of Desa Kudalari Condominium, Kuala Lumpur

Abstract

This paper seeks to discuss the problems faced by the strata scheme owners when they want to terminate their scheme and redevelop the land by referring to the Desa Kudalari Condominium (DKC) in Kuala Lumpur as a case study. One of the major complications in the provision under section 57 of the Strata Titles Act 1985 (Act 318) is to ensure that the unanimous resolution is achieved before any termination can take place. It had caused a significant glitch in the whole redevelopment process since the demand of the minority can supersede the needs of the majority. In this case, it is referring to the unacceptable amount of proceeds demanded by the minority upon the offers put forward by the developer of which was agreed by the majority of the parcel owners. The author also gives a reality check on the redevelopment needs of old and dilapidated strata schemes situated in the heart of major cities which needed to be redeveloped optimally for the benefit of the community and the local economic development. To solve the issue, the writer put forward a proposal to amend the Act 318 to enable the need of the majority to be heard and the minority’s concerns be upheld.