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Enbloc Sales (Collective
Sales) research sponsored by asiahomes.com Other interesting legal cases affecting Singaporeans are at: http://www.asiahomes.com/singapore_real_estate_law/ In Singapore, enbloc sales had been around since 1994 when the government reviewed the development guidelines including those in plot ratios and more intensive development of land areas. But there was a requirement for unanimous approval, i.e. all of the owners in the development must agree to the sale. Towards the end of 1997 to August 1999, there was few if any enbloc sales, due to the region's economic crisis, over-supply and some minority owners holding back on the enbloc sale for no justifiable reason or abusing their rights in the agreement. The 100% owner approval ruling was revised in 1999. In 1999, the enactment of a new legislation which required only 90% of the owners to agree to the sale if the development is 10 years old or less and 80% if it is more than 10 years old, resulted in 40% of around 70 public tenders for enbloc sales completed. Unless it is 100% agreement, the Strata Titles Board (STB) will make the final approval. How much should you sell? The new legislation is the Land Titles (Strata) Amendment Act 1999. A reasonable enhancement in the property value would be around 30% but much depends on location and what the purchase feels he can make. Procedures: Setting up a sales committee of not ore than 3 owners to act as representatives to the STB. Getting the feedback from owners in the estate. Scheduling at least one extraordinary meeting to consider the terms of the collective sale. Serving notice of application for sale to all minority owners. Advertising in local newspapers in all 4 official languages, by registered posts, affixing a copy of the notice, written in 4 official languages at a conspicuous part of each building in he development. Appoint a reliable marketing agent and a good solicitor to ensure that everything is done properly as there are a few cases where the sales have fallen through due to the calling of the extra ordinary meeting without giving proper length of notice. 2 agreements are involved. The Sales Agreement which binds all owners in the exercise and a Condition of Sale for Tender which is to be signed by the owners and the purchaser. Unless there is a 100% agreement, the time taken for the whole process can be between 6 to 12 months. The role of the STB. The STB ensures that the majority are not being unfair in the sale to the minority owners. For example, the sale should not result in a financial loss to them and the transaction is made in good faith and at arm's length. Minority owners must not be forced to agree to the collective sale. Minority rights are minimal if all the necessary actions have been taken by the majority owners to ensure that the transaction is in good faith and transparent to all. Capital gains tax liability. Residential properties, including enbloc sales, sold within 3 years of purchase are subject to capital gains tax. The tax is currently dated from the date on which the tender is awarded for those who sign the collective agreement. However, the tax is based on the date the STB approves the sale for those who did not sign the agreement. An approval by the STB can take several months if there are objections, resulting in a situation where the minority owners may pay less capital gains tax or none, depending on the circumstances. Majority owners feel that it is unfair to them as they will pay a higher capital gains tax when dissenting owners pay less tax. Some minority owners object because they have just bought the property and had spent a lot of money on renovations. It will be difficult for them to buy another similar quality property. Enbloc 99-year leasehold properties. The high and difficult to ascertain premium differential that developers need to pay in order to top up the lease means that enbloc 99-year leasehold properties are not favoured. The premium value is currently calculated at 100% of the enhancement value by the Land Office. It is very difficult to quantify such a value with the Land Office. Most sales are for freehold properties. Other interesting legal cases affecting Singaporeans are at: http://www.asiahomes.com/singapore_real_estate_law/ |
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