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THURSDAY, FEBRUARY 20, 1986

HE POINTED OUT THAT QUITE OFTEN PROBLEMS WOULD ARIS- OVER THE RESPONSIBILITY FOR THE MAINTENANCE OF COMMON AREAS OF PRIVATE BUILDINGS.

+A LACK OF INTEREST IN BUILDING MANAGEMENT AMONG OWNERS LEADS INEVITABLY TO DILAPIDATION IN THE FABRIC OF BUILDINGS, AND THIS IS EXACERBATED WHEN OWNER-OCCUPIERS MOVE OUT AND ARE REPLACED BY TENANTS. SAID MR WIGGHAM.

+THESE TENANTS OFTEN HAVE NO INTEREST IN THE PHYSICAL CONDIT OF A BUILDING AND, UNDERSTANDABLY, SEE PROBLEMS OF MAINTENANCE AND REPAIR AS THE BUSINESS OF LANDLORDS, HE ADDED.

+THUS, A SPIRAL OF DECLINE SETS IN, WHICH IF LEFT UNATTENDED, CULMINATES IN THE PRODUCTION OF YET MORE SLUMS, HE SAID.

MR WIGGHAM NOTED THAT OVER THE YEARS THE GOVERNMENT HAD ENDEAVOURED TO IMPROVE THE SITUATION.

+FOR SOME YEARS NOW STRICTER APPLICATION OF TOWN PLANNING CODES AND BUILDING REGULATIONS HAS RESULTED IN MORE APPROPRIATE SITE DEVELOPMENT RATIOS AND INCREASED CONTROL OVER THE ENVIRONMENT.

+ IN ADDITION, MODERN LEASEHOLD CONDITIONS INCLUDE MORE STRINGENT REQUIREMENTS IN RELATION TO THE MANAGEMENT OF PROPERTY,+ HE SAID.

+CLOSELY RELATED TO THIS IS THE REQUIREMENT IN MANY LEASES TO HAVE AN ACCEPTABLE DEED OF MUTUAL COVENANT PREPARED BY DEVELOPERS, TO ENSURE PROPER MANAGEMENT OF THE DEVELOPMENT AFTER COMPLETION, HE ADDED.

A DEED OF MUTUAL COVENANT SETS OUT THE RIGHTS, DUTIES, LIABILITIES AND OBLIGATIONS OF THE SELLER, THE FIRST PURCHASER AND A NOMINATED MANAGEMENT COMPANY. THE CONDITIONS SET OUT IN A DMC ARE BINDING ON ALL SUBSEQUENT PURCHASERS OF UNITS.

IN THIS REGARD, THE GOVERNMENT RECENTLY INITIATED A SYSTEM WHERE ALL NEW, NON-INDUSTRIAL LAND SALES WOULD REQUIRE TO HAVE A DEED OF MUTUAL COVENANT APPROVED BY THE REGISTRAR GENERAL,

AS A CONDITION OF LEASEHOLD GRANT, SAID MR WIGGHAM.

+SUCH A DEED WILL HAVE TO CONTAIN A NUMBER OF STANDARD CLAUSES DRAWN UP BY GOVERNMENT TO SET A FRAMEWORK FOR THE FUTURE MANAGEMENT OF THE DEVELOPMENT, HE SAID.

+ IT WILL BE DIFFICULT HOWEVER, TO RECTIFY DEFICIENCIES IN EXISTING COVENANTS. AS THIS WOULD REQUIRE SOME FORM OF RETROSPECTIVE LEGISLATION, AND SUCH A STEP COULD POSE PROBLEMS OF PRINCIPLE AS WELL AS PRACTICE, HE ADDED.

/THE FORMATION

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