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.