|
STRATA TITLES ACT 1985
ACT 318
Date
of Royal Assent: 22 May 1985
Date of publication in the Gazette: 30 May 1985
Date of coming into force: 1 June 1985
Preamble
An Act to facilitate the subdivision of building into parcels
and the disposition of titles thereto and for purposes connected therewith.
[1st June, 1985]
WHEREAS it is desired to introduce in the form of a Strata
Titles Act a uniform legislation within the States of Johore, Kedah, Kelantan,
Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Trengganu
and the Federal Territory of Kuala Lumpur;
AND WHEREAS it is now expedient for the purpose only of ensuring
uniformity of law and policy to make with respect to tenure of parcels in a
building, registration of titles relating to parcels in a building, transfer
of parcels in a building, leases and charges in respect of parcels in a building,
and easements and other rights and interests in parcels in a building:
Now, therefore pursuant to the provisions of Clause (4) of
Article 76 of the Constitution, BE IT ENACTED by the Duli Yang Maha Mulia Seri
Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan
Negara and the Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I - PRELIMINARY
1. Short Title.
This Act may be cited as the Strata Titles Act, 1985.
2. Application.
This Act shall apply only to West Malaysia.
3. Commencement.
(1) This Act shall come into force in each State on such date
as the Minister may, with the approval of the National Land Council, by notification
in the Gazette, appoint.
(2) This Act shall come into force in the Federal Territory
on such date as the Minister may, by notification in the Gazette, appoint.
4. Interpretation.
In this Act, unless the context otherwise requires-
"accessory parcel" means any parcel shown in a strata plan
as an accessory parcel which is used or intended to be used in conjunction with
a parcel;
"aggregate share units" means the sum of the share units of
the parcels (including a provisional block) shown in an approved strata plan;
"Board" means the Strata Titles Board
established under section 67A;
"building" , in relation to a lot which is to be developed
in stages, includes any building partially completed or to be erected within
the lot as shown or specified in any proposed strata plan submitted for approval;
"by-laws" , in relation to a subdivided building, means the
by-laws which are in force in respect of that building made under section 44
and 62 and as provided for in the Third Schedule;
"certified strata plan" means the plan prepared under subsection
(1) of section 13 and certified by the Director of Survey;
"common property" means so much of the lot as is not comprised
in any parcel (including any accessory parcel), or any provisional block as
shown in an approved strata plan;
"council", in relation to a management corporation, means
the council of that management corporation elected under section 39;
"Director" means the Director of Lands and Mines for the State
and includes a Deputy Director of Lands and Mines and, in the case of the Federal
Territory, the Land Administrator;
"Director of Survey" means the Director of Survey and Mapping
for the State or the Federal Territory and includes a Deputy Director of Survey
and Mapping ;
"Federal Territory" means the Federal Territory of Kuala Lumpur;
"floor area", in relation to a parcel, means the area occupied
by that parcel;
"form", followed by a number, means the form in the First
Schedule identified by that number;
"initial period", in relation to a management corporation,
means the period commencing on the day on which the management corporation is
formed and ending on the day on which there are proprietors, excluding the proprietor
of the lot who is registered as the proprietor of a parcel or parcels or a provisional
block or blocks the sum of whose share units is at least one-third of the aggregate
share units;
"Land Administrator" means the Land Administrator for the
District appointed under the National Land Code and includes an Assistant Land
Administrator appointed thereunder;
"land surveyor" means the Director of Survey appointed under
the National Land Code or a land surveyor licensed to practise as such under
any law for the time being in force in relation to survey;
"location plan" means a location plan under subsection (2)
of section 10;
"low-cost building" means any building certified by the State
Authority under section 58;
"management corporation", in relation to any subdivided building
shown in an approved strata plan, means the management corporation established
under section 39, 64 or 64A;
"management fund" means a management fund established under
section 45, 63 or 66;
"original proprietor" means the proprietor of the lot immediately
before the subdivision of building;
"parcel", in relation to a subdivided building, means one
of the individual units comprised therein, which (except in the case of an accessory
parcel) is held under separate strata title;
"prescribed" means prescribed by rules made by the State Authority
under section 81;
"proprietor" refers to a parcel proprietor, that is to say,
a person or body for the time being registered as the proprietor of a parcel,
as well as to the proprietor of a provisional block, that is to say, a person
or body for the time being registered as the proprietor of a provisional block;
"provisional block" means-
(a) in relation to a proposed
strata plan, a block in respect of a building proposed to be, or in the course
of being, erected, for which a separate provisional strata title is applied
for;
(b) in relation to an approved
strata plan, such a block shown therein, for which a provisional strata title
is to be registered; and
(c) in relation to a book of
strata register, such a block shown therein, for which a provisional strata
title has been registered;
"provisional share units" means the share value allotted to
a provisional block shown in an approved strata plan;
"provisional strata title" means the title registered and
issued under section 16 in respect of a provisional block;
"Registrar" means-
(a) in relation to strata titles
which are dependent on Registry titles, the Registrar of Titles or Deputy
Registrar of Titles for the State; and
(b) in relation to strata titles
which are dependent on Land Office titles, the Land Administrator for the
District;
"share units", in respect of a parcel, means the share units
determined for that parcel as shown in the schedule of share units;
"special account", in relation to a management corporation,
means the account established under section 46;
"special resolution" means a resolution which is passed at
a duly convened general meeting of a management corporation of which at least
fourteen days' notice specifying the proposed resolution has been given by proprietors
who together are entitled to not less than one-quarter of the aggregate share
units and who together constitute not less than one-quarter of the membership;
"storey" means any horizontal division of a building whether
or not on the same level throughout and whether above or below the surface of
the ground;
"storey plan" means a storey plan under subsection (3) of
section 10;
"strata plan" means a location plan and a storey plan, and
includes a plan of division or amalgamation of any parcels shown in an approved
strata plan;
"strata register" means the register of strata titles maintained
under the provisions of section 15;
"strata roll", in relation to a subdivided building, means
the roll maintained under paragraph (i) of subsection (1) of section 43;
"Strata titles" means the title issued under section 16;
"subdivided building" means a building as subdivided under
Part II;
"unanimous resolution" means a resolution which is passed
at a duly convened general meeting of a management corporation of which at least
twenty one days' notice specifying the proposed resolution has been given and
against which no vote is cast.
5.
Construction of the Act.
(1) This Act shall be read and construed with the National
Land Code as if it forms part thereof.
(2) The National Land Code and the rules made thereunder,
in so far as they are not inconsistent with the provisions of this Act or the
rules made thereunder, or are capable of applying to parcels, shall apply in
all respects to parcels held under strata titles.
(3) Notwithstanding subsections (1) and (2), the Yang di-Pertuan
Agong may, from time to time, by order provide-
(a) for the non-application
of any provision of the National Land Code to this Act; or
(b) for the application of
any provision of the National Land Code to this Act subject to such variations,
modifications, adaptations, additions or deletions as may be specified in
the order.
(4) In the application of subsection (1) to the Federal Territory,
the National Land Code shall be read as modified by the Yang di-Pertuan Agong
under subsection (3) of section 5 of the Constitution (Amendment) (No. 2) Act
1973.
(5) Any reference to the State Authority in this Act in its
application in the Federal Territory and in the operation of the National Land
Code as modified under subsection (4), shall be construed as a reference to
the Minister charged with the responsibility for land in the Federal Territory.
PART II -
APPLICATION FOR SUBDIVISION OF A BUILDING
6. Buildings capable of being subdivided.
(1) Any building or buildings having two or more storeys on
alienated land held as one lot under final title (whether Registry or Land Office
title) shall be capable of being subdivided into parcels; and any building or
buildings having only one storey on the same land shall also be capable of being
subdivided, into parcels to be held under strata titles or into accessory parcels.
(2) Notwithstanding subsection (1), the State Authority may,
by rules, published in the Gazette, prohibit the subdivision of buildings
of any class or description as may be specified in such rules.
7. Proprietor of alienated land may apply for subdivision
of a building.
(1) The proprietor of any alienated land on which there is
any building which is capable of being subdivided under section 6, may subject
to the provisions of this Act, apply for the subdivision thereof to the Director.
(2) Notwithstanding subsection (1), the proprietor of any
alienated land held under qualified title which has been duly surveyed and in
respect of which a certified plan has been approved by the Director of Survey,
may apply to the Director for the subdivision of any building thereon.
(3) For the purposes of subsections (1) and (2), an application
may be made notwithstanding that the building has not yet been certified by
the local authority to be fit for occupation or use.
8. Circumstances in which it is compulsory for a proprietor
to apply for subdivision of a building.
(1) The proprietor of any alienated land on which there is
a completed building capable of being subdivided under section 6 shall, within
the period specified in subsection (2), apply in accordance with section 10
for the subdivision of the building if at any time he has sold or agreed to
sell any parcel in such building to any person.
(2) The period within which the requirement of subsection
(1) shall be complied with is as follows:
(a) in the case of a building
completed on a date after the commencement of this subsection-
(i) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements, took place before
that date, the period is six months from that date;
(ii) if the sale of, or agreement to sell, any parcel
of the building, or the first of such sales or agreements, took place after
that date, the period is six months from the date of the sale or agreement
or the first of such sales or agreements;
(b) in the case of a building
completed on a date before the commencement of this subsection-
(i) if the sale of, or agreement to sell, any parcel of
the building, or the first of such sales or agreements, took place before
that date, the period is six months from the commencement of this subsection;
(ii) if the sale of, or agreement to sell, any parcel
of the building, or the first of such sales or agreements, took place after
that date, the period is six months from the commencement of this subsection
or six months from the date of the sale or agreement or the first of such
sales or agreements, whichever is the longer.
(3) For the purpose of subsection (1) an application for the
approval of the Director to the subdivision of a building shall be treated as
not being in accordance with section 10 if the application is defective by reason
of any material non-compliance with any of the requirements of that section
pertaining to the application.
(4) The period specified in subsection (2) may, on application
made before its expiry be extended once by the Director by any further period
not exceeding three months.
(5) Where an application is not made within the period specified
in subsection (2) and in the case of subsection (4) within the period of such
extension, if any, applied for and granted in respect of a building, the proprietor
shall be guilty of an offence, and liable on conviction to a fine of not less
than ten thousand ringgit but not more than one hundred thousand ringgit and
to a further fine of not less than one hundred ringgit but not more than one
thousand ringgit for each day the offence continues to be committed.
(6) For the purposes of subsection (2), the date on which
a building is completed shall be the date on which it is certified by any public
or local authority to be fit for occupation or use.
9.
Conditions for approval.
(1) The Director shall not approve the subdivision of any
building unless the following conditions are satisfied:
(a) that it has been certified
by a land surveyor-
(i) that the building or buildings are situated wholly
within the boundaries of the lot in question; or
(ii) that, discounting any eave, awning, and any balcony
not forming part of a proposed parcel, which project over a road reserve,
the building or buildings are so situated;
and, in a case where the certificate is one under subparagraph
(ii), that there subsists a permit or permits issued under section 75A of
the National Land Code in respect of every such eave, awning and balcony;
(b) that, in the case of any
building for the erection of which planning permission was required-
(i) it has been certified by an architect registered under
the Architects Act, 1967 or by a professional engineer registered under
the Registration of Engineers Act, 1967 that the building was constructed
in accordance with the plans and specifications by reference to which that
permission was given, stating therein the date on which such permission
was given and the reference number thereof (if any); or
(ii) the case falls under subsection (6A) of section 10
and the requirements of that subsection have been satisfied;
(c) that the subdivision would
not contravene any restriction in interest to which the land comprised in
that lot is for the time being subject;
(d) that the subdivision would
not be contrary to the provisions of any written law for the time being in
force, and that any requirements imposed with respect thereto by or under
any such written law have been complied with;
(e) that no item of land revenue
is outstanding in respect of the land;
(f) that consent in writing
to the making of the application has been obtained from every person who at
the time when approval was applied for, was entitled to the benefit of-
(i) (Deleted
by Act A753);
(ii) a lease of the whole or any part thereof, other than
a part corresponding precisely with, or included within, one of the parcels
to be created upon subdivision;
(iii) a charge of such a lease; or
(iv) a lien over any such lease;
(g) that the proposed share
units assigned to the parcels by the proprietor of the lot in his application
in Form 1 are equitable;
(h) that each of the proposed
parcels has-
(i) adequate means of access not passing through another
parcel; and
(ii) adequate means of internal communication not passing
through the common property;
(i) that, where the land on
which the building or buildings stand is held for a term of years, there still
remains a period of not less than twenty-one years to run;
(j) that the land on which
the building or buildings stand is not subject to any charge or lien.
(k) that, where the land is
held under qualified title as specified in subsection (2) of section 7, the
final title to the land has been registered;
(l) that the building to be
subdivided has been certified by the local authority to be fit for occupation
or use.
(2) In the case of an application involving a provisional
block or blocks by virtue of subsection (1) of section 10A, the Director shall
not approve the subdivision of any building to which the application relates
unless the following additional conditions are also satisfied:
(a) that it has been certified
by a land surveyor that the position of each provisional block as delineated
on the location plan is wholly within the boundaries of the lot in question;
(b) that the quantum of provisional
share units assigned to each provisional block by the proprietor of the lot
in his application in Form 1 is equitable; and
(c) that the proprietor has
given the date by when he undertakes that the construction of the building
or each building to which the provisional block or blocks relate will be completed,
has paid to the Director in respect of each provisional block a deposit of
such reasonable amount as the Director may require, and has furnished a written
statement to the effect that he agrees that the amount be forfeited to the
Government in the event that, by that date or by such later date as the Director
may allow, the construction of the building to which the provisional block
relates is not completed or, if completed, the building has not been certified
by a public or local authority to be fit for occupation or use.
10. Application for subdivision of building.
(1) Any application for the approval of the Director for the
subdivision of any building shall be made in writing in Form 1 to the Land Administrator
and shall be accompanied by-
(a) such fee as may be prescribed;
(aa) except in a case falling
under subsection (6A), the building plans approved by the planning authority,
to be submitted in triplicate;
(b) a proposed strata plan
comprising a location plan, and a storey plan in respect of each storey of
each building, to be submitted in triplicate containing such details as are
specified in subsection (2) and (3) respectively and certified by a land surveyor
as follows:
(i) that he has made a comparison of the plans to the
original plans of the building and any approved amendments thereto prepared
by the architect or professional engineer responsible for its construction,
or, in a case falling under subsection (6A), to the plans of the building
mentioned in paragraph (a) of that subsection; and
(ii) in the case of a storey plan, that the boundaries
of the parcels shown thereon follow features of permanent construction appearing
in the building;
(c) the certificates of a land
surveyor, registered architect or registered professional engineer, referred
to in paragraph (a), and subparagraph (i) of paragraph (b),
of subsection (1) of section 9 and, where applicable, the certificate of a
land surveyor referred to in paragraph (a) of subsection (2) of section
9;
(ca) a permit or permits referred
to in paragraph (a) of subsection (1) of section 9, in a case where the certificate
of a land surveyor is one under subparagraph (ii) of that paragraph;
(cb) in a case where the land
is held under qualified title as specified in subsection (2) of section 7,
the certified plan of the land as approved by the Director of Survey, to be
submitted in triplicate;
(d) the written consents to the making of the application
of every person who, at the time of the application, is entitled to the benefit
of-
(i) a charge of the land;
(ii) a lease of the whole or any part thereof, other than
a part corresponding precisely with, or included within, one of the parcels
to be created upon subdivision;
(iii) a charge of such a lease; or
(iv) a lien over the land or any such lease;
(e) subject to subsection (7),
the issue document of title of the lot.
(2) Every location plan shall-
(a) specify the number of the
lot, the title number of the land comprised therein and the area thereof;
(b) delineate the boundaries
and boundary marks of the lot and the position of all buildings thereon, showing
which of these buildings are to be subdivided;
(c) include a vertical section
of each such building showing-
(i) the floor and ceiling of each storey; and
(ii) the height of each storey;
(d) (Deleted by
Act A753);
(e) contain such other details
as may be prescribed.
(3) Every storey plan shall-
(a) specify the number of the
lot and the title number of the land comprised therein, and the building and
numbered storey thereof to which the plan relates;
(b) delineate, subject to the
provisions of paragraphs (a) and (b) of subsection (5), each
proposed parcel and define the boundaries thereof by reference to floors and
walls showing the horizontal dimensions, without it being necessary to show
the bearing;
(c) indicate in respect of
each such parcel the number by which it is described in Form 1;
(d) specify the approximate
floor area of each parcel;
(e) distinguish such parts
as are not to be included in any of the parcels but are to become part of
common property;
(f) (Deleted by
Act A753);
(g) contain such other details
as may be prescribed.
(4) Every proposed strata plan shall show a legend of-
(a) all parcels;
(b) all common property; and
(c) all accessory parcels,
and specify therein the parcels they are made appurtenant to, irrespective
of whether the accessory parcels are contiguous to those specified parcels;
(d) (Deleted by
Act A753).
(5) Where an accessory parcel-
(a) consists of a building
or parts thereof and is bounded by external walls, floors and ceilings, the
dimensions and boundaries of such accessory parcel shall be shown in the proposed
strata plan in accordance with the requirements of subsections (2) and (3);
(b) does not consist of a building
or parts thereof-
(i) the external boundaries of the accessory parcel shall
be ascertained from the building plans approved by the planning authority,
and the accessory parcel shall be up to a reasonable height or to the extent
of any projection above or encroachment below ground level by another part
of the lot; and
(ii) the proposed strata plan shall show a diagram of
the accessory parcel with similar dimensions as those shown on the approved
plans mentioned in subparagraph (i).
(6) Every proposed strata plan shall-
(a) show the proposed share
units in whole numbers of each parcel and the total share units of all the
parcels; and
(b) contain such other particulars
as may be prescribed by rules made under section 81.
(6A) If the plans and specifications by reference to which
planning permission for the erection of the building was given are not available,
so that it is not possible to give the certificate required by subparagraph
(i) of paragraph (b) of subsection (1) of section 9, the application
under subsection (1) shall be accompanied-
(a) in lieu of the building
plans mentioned in paragraph (aa) of that subsection, by plans of the
building, in triplicate, certified by an architect registered under the Architects
Act 1967 as having been drawn according to the actual features of the building
and as truly representing those features; and
(b) in addition to the other
matters required under subsection (1), by the certificate of a duly authorised
officer of the appropriate local planning authority that the building as represented
by the plans mentioned in paragraph (a) was erected with planning permission
but the plans and specifications by reference to which that permission was
given are no longer available, and that the local planning authority is nevertheless
satisfied that the building as so represented satisfies planning requirements.
(7) An application under subsection (1) may be submitted without
the issue document of title to the lot if that document is in the hands of any
person as chargee or lien-holder, and in any such case, the application shall
be accompanied by a copy of a request by the proprietor served on that person
for the production of the document at the Land Office within fourteen days of
the date thereof.
(8) Upon receipt of any application under subsection (1),
the Land Administrator shall endorse, or cause to be endorsed, a note of the
making thereof on the register document of title, and shall then-
(a) refer the application to
the Director of Survey;
(b) in the case where the land
is held under qualified title as specified in subsection (2) of section 7,
take appropriate action in respect of the conversion of the qualified title
to final title; and
(c) in the case where the building
to be subdivided has not yet been certified to be fit for occupation or use,
forthwith inform the applicant to obtain the certificate of fitness for occupation
from the local authority within the time specified.
(9) The Director of Survey shall thereupon check the location
and storey plans and carry out or cause to be carried out such survey of the
land, any of the buildings thereon or any of the parcels as he may consider
desirable, and shall-
(a) advise the Land Administrator
as to whether the plans are in order;
(b) notify the Land Administrator
of the amount of fees to be collected upon approval of the application in
respect of such survey; and
(c) notify the Land Administrator
of the amount of fees to be collected in respect of the plans caused to be
prepared in the event of the approval of the application.
(10) The Land Administrator shall thereupon if he is satisfied
that the application and the other documents presented therewith are in order,
transmit them to the Director together with his recommendations for approval
or rejection:
Provided that no application shall be so transmitted without
the issue document of the lot and accordingly in a case falling within subsection
(7), if that document is not duly produced at the Land Office, the Land Administrator
shall, if unable to secure its production, prepare or cause to be prepared,
title in continuation (or where appropriate, a duplicate issue document of title
only) under Chapter 3 of Part Ten of the National Land Code as if the circumstances
were as specified in paragraph (c) of subsection (1) of section 166 of
the Code:
And provided further that-
(a) where the land in held
under qualified title, the final title thereto has been registered by the
registering authority; and
(b) where the building has
not yet been certified fit for occupation or use, the certificate has since
obtained and has been submitted by the applicant.
10A. Application for subdivision in the case of phased
developments.
(1) An application under section 10, except where it relates
to a low-cost building or buildings, may include an application for the issue
of a provisional strata title or titles for a provisional block or blocks in
respect of a building or buildings, being a building or buildings capable according
to section 6 of being subdivided, proposed to be, or in the course of being,
erected on the lot in question:
Provided that no building or buildings having only one storey
shall be included in the application for the issuance of a provisional strata
title or titles for the provisional block or blocks.
(2) Where an application under section 10 involves a provisional
block or blocks by virtue of subsection (1), the following requirements relating
to the provisional block or blocks shall, in addition to the requirements of
section 10 relating to the particular building or buildings to be subdivided,
be observed in making the application:
(a) the application shall be
accompanied by the building plans approved by the planning authority for the
building or buildings to be, or in the course of being, erected, to be submitted
in triplicate;
(b) the location plan shall
include a legend, and shall delineate the position, of each provisional block,
showing, in accordance with the approved building plans, the vertical section
and dimensions of the building to which the provisional block relates;
(c) the application shall be
accompanied, as forming part of the proposed strata plan, by a storey plan
in triplicate in respect of each provisional block, which shall delineate
the external boundaries, and show, in accordance with the approved building
plans, the horizontal dimensions of the building to which the provisional
block relates, without it being necessary to show any bearings; and
(d) the proposed strata plan
shall show the proposed quantum of provisional share units for each provisional
block.
11.
Withdrawal of applications.
An application under subsection (1) of section 10 shall not
be capable of being withdrawn except with the concurrence of the Director; and
the Director shall not give his concurrence unless he is satisfied that the
withdrawal is not, or will not be, detrimental to the interests of any person
who has purchased or agreed to purchase any parcel of the building in question.
12. Powers of Director of Lands and Mines in relation to
applications.
(1) On receiving any application made under section 10, the
Director shall-
(a) approve the subdivision
if it appears to him that the conditions specified in section 9 are satisfied;
and
(b) in any other case, reject
the application.
(2) Where he has approved any application for subdivision
of building, the Director shall-
(a) transmit to the Director
of Survey the application and other accompanying documents; and
(b) notify the Land Administrator
of the approval and direct him to collect from the proprietor, fees as notified
by the Director of Survey under subsection (9) of section 10 and fees for
the preparation and registration of strata titles.
(3) Where he has rejected any such application, the Director
shall notify the Land Administrator who shall forthwith inform the proprietor
and shall cancel or cause to be cancelled the note thereof endorsed on the register
document of title pursuant to subsection (8) of section 10.
13. Action by Director of Survey after approval of subdivision.
(1) Upon receipt of the approved application and the other
documents presented therewith and upon being informed by the Land Administrator
that the fees referred to in paragraph (b) of subsection (2) of section
12 have been duly paid, the Director of Survey shall-
(a) from the relevant location
plan and storey plans, prepare or cause to be prepared a certified strata
plan complying with the requirements of subsection (2), with such modifications
as he may consider necessary;
(b) file the certified strata
plan in his office;
(c) prepare one copy of the
certified strata plan for retention by the Registrar;
(d) prepare additional copies
of the certified strata plan, or copies of the various folios thereof as mentioned
in subsection (4), for the purpose of attaching them to the issue documents
of title to the parcels which are to be created on the subdivisions; and
(e) transmit to the Director,
the copies so prepared, together with the approved application and other accompanying
documents.
(2) The certified strata plan referred to in paragraph
(a) of subsection (1) shall be a plan delineating, on as many folios as
may be considered most suitable for the purpose, the storeys of the building
or buildings to be subdivided, and the parcels within each storey and every
folio shall contain also-
(a) a plan of the land, showing
the position of every building thereon;
(b) a vertical section of the
building or buildings to be subdivided, showing the position therein of the
storey or storeys to which it relates; and
(c) a schedule showing the
approved share units of each parcel and the total number of share units of
all the parcels.
(3) For the purposes of the preparation of any such certified
strata plan, the common boundary of any parcel of a building with any other
parcel, or with any part of the building which is not included in any of the
parcels, shall, except in so far as it may have been otherwise provided in the
relevant storey plans, be taken to be the centre of the floor, wall or ceiling,
as the case may be.
(4) The number of additional copies of the certified strata
plan to be prepared pursuant to paragraph (d) of subsection (1) shall
be as follows:
(a) where any such plan consists
of one folio only, the number of copies shall be equal to the number of parcels
shown thereon; and
(b) where any such plan consists
of two or more folios, the number of copies of each folio to be so prepared
shall be equal to the number of parcels shown on that folio.
(5) For the purposes of this section, the certified strata
plan in respect of a provisional block shall contain a plan showing the position
of the provisional block and the vertical section of the block.
14. Issue of strata titles to individual parcels.
Upon receiving from the Director of Survey the documents referred
to in paragraph (e) of subsection (1) of section 13, and upon being informed
by the Land Administrator that the fees for preparation and registration of
strata titles have been paid, the Director shall direct the Registrar to open
a book of the strata register in accordance with the provisions of section 15
and prepare, register and issue strata titles in accordance with the provisions
of section 16.
14A. Failure to pay amount demanded.
(1) If the proprietor fails to pay any amount demanded pursuant
to subsection (2) of section 12 within one month of being served with the demand,
he shall be guilty of an offence, and liable on conviction to a fine not exceeding
one thousand ringgit and to a further fine not exceeding fifty ringgit for each
day the offence continues to be committed.
(2) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any further period
not exceeding one month.
PART III
- REGISTRATION OF STRATA TITLES
15. Preparation and maintenance of strata register.
(1) The Registrar shall prepare and maintain for the purposes
of this Act a register of strata titles to be known as the strata register.
(2) The strata register shall consist of a series of books,
each relating to one lot, and every such book shall contain-
(a) an index in Form 2 to the
individual parcels and, if any, appurtenant accessory parcels and to the individual
provisional block, if any, comprised in the lot;
(b) a statement in Form 3 which
subject to subsection (4), (5) and (6) shall-
(i) set out, or where appropriate summarise so far as
they relate to matters capable of affecting any of those parcels or provisional
blocks, all memorials, endorsements and other entries which appeared on
the register document of title to the lot at the time the statement was
authenticated by the Registrar; or
(ii) confirm that there were no such entries;
(c) a copy of the certified
strata plan prepared under paragraph (a) of subsection (1) of section
13; and
(d) the register document of
title to each parcel and each provisional block.
(3) The name of the management corporation, and the address
for the service of documents thereon, required to be stated in the index in
Form 2 shall be supplied to the Registrar by the proprietor of the lot.
(3A) Where the proprietor of the lot, after being given reasonable
notice by the Registrar, fails to supply the name of the management corporation
or the address for service of documents thereon as required by subsection (3),
the Registrar-
(a) as regards the name of
the management corporation, shall himself determine the name to be stated
in the index in Form 2; or
(b) as regards the address
for service, shall cause to be stated in the index in Form 2 the postal address
of any building erected within the lot.
(4) For the purposes of the statement in Form 3, no account
shall be taken of any lease or tenancy relating to a part of the building which
corresponds precisely with, or is included within one of the parcels created
on the subdivision, or of any charge of, or lien over, such a lease; but any
such lease, tenancy or charge shall be endorsed on the register document of
title to the parcel in question.
(5) The Registrar shall, in the case of private caveats or
Registrar's caveats appearing on the register document of title to the lot,
if satisfied that such caveats affect only particular parcels created on the
subdivision, endorse such caveats on the register documents of title to the
parcels in question.
(6) Where the Registrar is unable to ascertain to his satisfaction
the caveats which affect the particular parcels, he may, instead of setting
out or summarising them, endorse a statement in Form 3 to the effect that the
lot is so subject to the caveats entered on the register document of title to
the lot:
Provided that the Registrar may at any time thereafter, if
it can be ascertained to his satisfaction that such caveats relate to particular
parcels, endorse such caveats on the register documents of title to the parcels
in question.
16.
Documents of strata title.
(1) The Registrar shall prepare documents of strata title
in respect of-
(a) a parcel; and
(b) a provisional block, if
any.
(2) The documents of strata title to be prepared by the Registrar
in respect of any parcel or provisional block under subsection (1) shall consist
of-
(a) a register document of
title in Form 4 in respect of a parcel and in Form 4A in respect of a provisional
block;
(b) an issue document of title,
consisting of a copy of the register document to which shall be attached-
(i) the copy of the certified strata plan or of the relevant
folio of that plan prepared under paragraph (d) of subsection (1)
of section 13; and
(ii) where appropriate, a copy of the statement in Form
3:
Provided that, in the case of a parcel created on the division
or amalgamation of any existing parcels, the plan to be attached to the issue
documents of title shall be such as may be prepared in accordance with Part
V of this Act.
(3) Every document of strata title shall be prepared in the
name of the person last registered as proprietor of the lot in question, or
where it relates to a parcel created as mentioned in the proviso to subsection
(2) in the name of the person last registered as proprietor of the existing
parcel or parcels.
(4) (Deleted by Act A753)
(5) The registration of the register documents of strata title
shall consist of their authentication under the hand and seal of the Registrar;
and the date of registration shall be inscribed by him on every document.
(6) The provisions of sections 89 to 91 of the National Land
Code shall apply to documents of strata titles as they apply to documents of
final title:
Provided that where any parcel is subject to a charge or lien,
nothing in section 90 of the National Land Code shall be taken to authorise
the issue of the document of title thereto to the proprietor of the parcel.
17. Effect of opening of book of strata register.
(1) On authenticating the statement in Form 3 required to
be contained in any book of the strata register, the Registrar shall make on
the register and issue documents of title to the lot in question a memorial
to the effect that the book has been opened, and that the common property is
vested in the management corporation and shall return the issue document to
that corporation.
(2) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
(3) In its application to a low-cost building, this section
shall be construed with the omission of-
(a) all the words in subsection
(1) after the words "has been opened"; and
(b) subsection (2).
18.
Share units of parcels.
Every parcel shall have a share value as approved by the Director
and expressed in whole numbers to be known as share units.
19. Provisional share units of a provisional block.
Every provisional block shall have a share value as approved
by the Director, which shall be expressed in whole numbers and taken as provisional
share units.
PART IV -
PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING
20. Application for strata titles upon completion of building.
(1) The proprietor of a provisional strata title shall, as
soon as a building in respect of that title has been completed and certified
by the public or local authority to be fit for occupation or use, but in any
case within six months from the date the building is so certified, make an application
for the approval of the Director for the issue of separate strata titles to
the parcels in the completed building.
(1A) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any further period
not exceeding three months.
(2) The application shall be made in writing in Form 5 to
the Land Administrator and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a certificate of an architect
registered under the Architects Act, 1967 or of a professional engineer registered
under the Registration of Engineers Act, 1967 that the provisional block has
been completed in accordance with the approved building plan, and any approved
amendments thereto;
(ba) a copy of the approved
building plan and approved amendments thereto referred to in paragraph
(b);
(c) a storey plan in triplicate
in respect of each storey of the completed building, duly certified by a land
surveyor as required under paragraph (b) of subsection (1) of section
10 and containing such details as are specified in subsection (3) of that
section;
(ca) a certificate by a land
surveyor-
(i) that the building is situated wholly within the boundaries
of the lot in question; or
(ii) that, discounting any eave, awning, and any balcony
not forming part of a proposed parcel, which project over a road reserve,
the building is so situated;
and, in a case where the certificate is one under subparagraph
(ii), a subsisting permit or permits issued under section 75A of the National
Land Code in respect of every such eave, awning and balcony;
(cb) a certificate by a land
surveyor-
(i) that the building is situated wholly within the boundaries
of its position as delineated in the location plan in compliance with paragraph
(b) of subsection (2) of section 10A; or
(ii) that, discounting any eave, awning, and any balcony
which does not form part of a proposed parcel, the building is so situated;
(d) a certificate issued by
a public or local authority stating that the building is fit for occupation
or use;
(e) a statement showing the
proposed allocation of the provisional share units among the new parcels;
and
(f) the issue document of provisional
strata title.
(3) Upon receipt of the application, the Land Administrator
shall-
(a) endorse or cause to be
endorsed a note of the making of the application on the register document
of title of the provisional block; and
(b) refer the application to
the Director of Survey and transmit to him a copy of the plan submitted under
subsection (2).
(4) The Director of Survey, upon receiving the copy of the
plan transmitted by the Land Administrator shall check the said plan and carry
out or cause to be carried out such survey of the building or parcels as he
may consider desirable, and shall-
(a) advise the Land Administrator
as to whether the plans are in order;
(b) notify the Land Administrator
of the amount of fees to be collected upon approval of the application in
respect of such survey; and
(c) notify the Land Administrator
of the amount of fees to be collected in respect of the plans caused to be
prepared in the event of the approval of the application.
(5) Upon receiving the advice of the Director of Survey, the
Land Administrator shall transmit to the Director, the application and its accompanying
documents together with his recommendations.
21. Power of Director of Lands and Mines in relation to
application.
(1) The Director shall, upon being satisfied that-
(a) the building has been completed
in accordance with the approved building plan and any approved amendments
thereto;
(aa) there has been no change
in the number of parcels comprised in the building and the total floor area
of the building, as indicated in the building plans submitted pursuant to
paragraph (a) of subsection (2) of section 10A, and there has been no change
in the total share units for the parcels from the quantum of provisional share
units shown pursuant to paragraph (d) of subsection (2) of section 10A;
(b) the proposed allocation of share units among the new
parcels is equitable;
(c) there is adequate means
of access to each parcel not passing through another parcel; and
(d) there is adequate means
of internal communication not passing through the common property,
approve the application.
(2) Where he has approved any application, the Director shall-
(a) transmit to the Director
of Survey the application and other accompanying documents; and
(b) notify the Land Administrator
of the approval and direct him to collect from the proprietor, fees as notified
by the Director of Survey under subsection (4) of section 20 and fees for
the preparation and registration of strata titles.
22. Action by Director of Survey after approval.
Upon receipt of the application and the accompanying documents
from the Director and upon being informed by the Land Administrator that the
survey fees referred to in paragraph (b) of subsection (2) of section
21 have been duly paid, the Director of Survey shall take action as specified
in section 13 in respect of-
(a) the preparation of a new
certified strata plan incorporating the changes made to the original certified
strata plan by the storey plan referred to in paragraph (c) of subsection
(2) of section 20, for filing in his office in place of the original certified
strata plan; and
(b) the preparation of a copy
of the new certified strata plan for retention by the Registrar and additional
copies thereof for attaching to the issue documents of title of the new parcels,
and shall transmit them to the Director the copies so prepared,
together with the application and other accompanying documents.
22A. Failure to apply under section 20.
Where an application under subsection (1) of section 20 is
not made within the period specified in that subsection, or within that period
as extended under subsection (2) of that section, the proprietor of the provisional
strata title shall be guilty of an offence, and liable on conviction to a fine
not exceeding five thousand ringgit and to a further fine not exceeding one
thousand ringgit for each day the offence continues to be committed.
22B. Failure to pay amount demanded.
(1) If the proprietor of the provisional strata title fails
to pay any amount demanded pursuant to subsection (2) of section 21 within one
month of being served with the demand, he shall be guilty of an offence, and
liable on conviction to a fine not exceeding one thousand ringgit and to a further
fine not exceeding fifty ringgit for each day the offence continues to be committed.
(2) The period specified in subsection (1) may, on application
made before its expiry, be extended once by the Director by any further period
not exceeding one month.
23. Modification of strata register, issue of fresh documents
of titles and cancellation of provisional document of title.
(1) Upon receiving from the Director of Survey the copies
of the new certified strata plan and the other accompanying documents and upon
being informed by the Land Administrator that the fees for preparation and registration
of strata titles have been paid, the Director shall direct the Registrar to
take action as specified in subsection (2).
(2) On being directed by the Director, the Registrar shall-
(a) replace the copy of the
original certified strata plan in the relevant book of the strata register
with the copy of the new certified strata plan prepared for his retention;
(b) amend the schedule of share
units of the parcels and make such other alterations in the relevant book
of the strata register as are necessary to take account of the changes as
a result of the completion of the building;
(c) prepare, register and issue
in accordance with the provisions of section 16, strata titles in respect
of the new parcels;
(d) endorse on the register
document of title in respect of the former provisional block a statement to
the effect that strata titles (specifying the title numbers thereof) have
been issued to the new parcels in the completed building; and
(e) destroy the issue document
of provisional strata title.
PART V - SUBDIVIDED
BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS
24. Interpretation.
In this Part, unless the context otherwise requires, the words-
"affected" , in relation to a parcel, means affected or intended
to be affected by a division or amalgamation;
"amalgamation" means an amalgamation of parcels;
"application" means an application to divide or amalgamate
parcels;
"division" means a division of a parcel;
"new", in relation to a parcel, means resulting or intended
to result from a division or amalgamation.
25. Power to divide and amalgamate parcels.
(1) A parcel proprietor may, with the approval of the Director-
(a) divide his parcel into
two or more new parcels, each to be held by him under a separate strata title;
or
(b) where he holds two or more
contiguous parcels, amalgamate them to form one parcel to be held by him under
a single strata title.
(2) For the purposes of paragraph (b) of subsection
(1) any two or more parcels shall be taken to be contiguous if each of them
shares at least one boundary, including a boundary which consists of a floor
or ceiling, with another of them.
(3) Where the division of a parcel or the amalgamation of
two or more parcels results in the creation of any additional or new common
property, the proprietor shall obtain the written consent of the management
corporation before making the application under section 28 for the approval
of the Director.
26. Effect of division or amalgamation.
(1) On a division, the number of share units of each parcel
shall be a whole number allotted by the proprietor of the divided parcel as
approved by the Director:
Provided that the total number of share units of all the new
parcels shall be equal to the number of share units of the divided parcel.
(2) On an amalgamation, the number of share units of the new
parcel shall be a number equal to the total number of share units of the amalgamated
parcels.
(3) Subject to subsections (1) and (2), Part VII shall apply
in relation to a new parcel in a subdivided building as if the new parcel were
one of the parcels which came into existence when the building was subdivided.
27. Conditions for approval of division or amalgamation.
The Director shall not approve a division or amalgamation
unless the following conditions are satisfied:
(a) that the proposed division
or amalgamation would not contravene any restriction in interest to which
any of the affected parcels is subject;
(b) that the proposed division
or amalgamation would not be contrary to the provisions of any written law
for the time being in force, and that any requirements imposed with respect
to the division or amalgamation by or under any such law have been complied
with;
(c) that no item of land revenue
is outstanding in respect of any affected parcel;
(d) that consent in writing
to the making of the application has been obtained from every person who at
the time when the approval was applied for, was entitled to the benefit of-
(i) a charge of an affected parcel;
(ii) a lease of an affected parcel or any part thereof,
other than, in the case of a division, a part corresponding precisely with
or included within one of the new parcels;
(iii) a charge of such a lease; or
(iv) a lien over an affected parcel or such a lease;
(da) that, where the division
or amalgamation results in the creation of additional common property or new
common property, the written consent of the management corporation to the
making of the application has been obtained;
(e) that where an amalgamation
is proposed, each new parcel will have adequate internal means of communication
not passing through common property;
(f) that, where a division
is proposed, each new parcel will have adequate means of access not passing
through another parcel;
(g) that the proposed share
units assigned to the new parcels by the proprietor in his application in
Form 6 are equitable.
28.
Application for approval.
(1) Any application for the approval of the Director to a
division or an amalgamation shall be made in writing in Form 6 or 7, as the
case may be, to the Land Administrator and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a plan in triplicate, duly
certified by a land surveyor and showing all the details of the division or
amalgamation;
(c) a statement from the applicant
of the number of share units of the new parcel or parcels;
(d) all such written consents
to the making of the application as are required under paragraph (d)
of section 27;
(da) the written consent of
the management corporation to the making of the application as required under
paragraph (da) of section 27; and
(e) the issue documents of
title of the affected parcel or parcels;
(2) Upon receiving any application, the Land Administrator
shall-
(a) endorse or cause to be
endorsed a note of the making of the application on the register document
of title to each affected parcel; and
(b) refer the application to
the Director of Survey and transmit to him a copy of the plan submitted under
subsection (1).
29. Action by Director of Survey.
The Director of Survey shall, upon receiving a copy of the
plan transmitted by the Land Administrator, check the said plan and carry out
or cause to be carried out such survey of the affected parcel or parcels as
he may consider desirable and advise the Land Administrator as to whether the
plans are in order and notify him of the amount of fees to be collected upon
approval in respect of such survey and for the preparation of plans
30. Land Administrator to transmit application to Director
of Lands and Mines.
Upon receiving the advice of the Director of Survey, the Land
Administrator shall transmit to the Director, the application and its accompanying
documents together with his recommendations.
31. Power of Director of Lands and Mines in relation to
application for division or amalgamation.
(1) The Director, upon receiving the application and its accompanying
documents from the Land Administrator, shall-
(a) approve the division or
amalgamation to which the plan relates if it appears to him that the conditions
specified in section 27 are satisfied; and
(b) in any other case, reject
the application.
(2) Where the Director has rejected an application, he shall
notify the Land Administrator who shall forthwith inform the proprietor and
shall cancel or cause to be cancelled the note thereof endorsed on the register
document of title under subsection (2) of section 28.
(3) Where the Director has approved a division or an amalgamation,
he shall-
(a) transmit to the Director
of Survey the application and other accompanying documents; and
(b) notify the Land Administrator
of the approval and direct him to collect from the proprietor, fees as notified
by the Director of Survey under section 29, and fees for the preparation and
registration of strata titles.
32. Preparation of new certified strata plan by Director
of Survey.
The Director of Survey shall, upon receiving the approved
application and other accompanying documents, and upon being informed by the
Land Administrator that the amount demanded in respect of his fees has been
duly paid, take such action as specified in section 13 in respect of-
(a) preparation of a new certified
strata plan incorporating the changes made by the division or amalgamation,
for filing in his office in place of the original certified strata plan; and
(b) preparation of a copy of
the new certified strata plan for retention by the Registrar and additional
copies thereof for attaching to the issue documents of title,
and shall transmit to the Director, the copies so prepared,
together with the application and other accompanying documents.
33. Modification of strata register and issue of fresh
documents of title.
(1) Upon receiving from the Director of Survey the copies
of the new certified strata plan and other accompanying documents, and upon
being informed by the Land Administrator that the fees in respect of the preparation
and registration of strata title to the new parcel or parcels have been duly
paid, the Director shall direct the Registrar to take action as specified in
subsection (2).
(2) On being directed by the Director, the Registrar shall-
(a) replace the copy of the
original certified strata plan in the relevant book of the strata register
with the copy of the new certified strata plan prepared for his retention;
(b) amend the schedule of share
units of the parcels and make such other alterations in the relevant book
of the strata register as are necessary to take account of the changes made
by the division or amalgamation; and
(c) issue title in continuation
to the new parcel or parcels as if he were issuing title in continuation to
land subdivided or amalgamated under Chapter 1 or 3 of Part Nine of the National
Land Code
33A. Effect of registration in respect of common property
created upon division or amalgamation.
Upon the registration of the strata title or titles to the
new parcel or parcels upon the division or amalgamation, the parts of any parcel
which are created as common property shall be deemed to form part of the common
property in relation to all the parcels comprised within the subdivided building.
PART VI -
RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS
34. Rights of proprietor in his parcel and common property.
(1) Subject to this section and other provisions of this Act,
a proprietor shall have-
(a) in relation to his parcel
(in the case of a parcel proprietor) the powers conferred by the National
Land Code on a proprietor in relation to his land; and
(b) in relation to the common
property, the right of user which he would have if he and the other proprietors
were co-proprietors thereof.
(2) No rights in an accessory parcel shall be dealt with or
disposed of independently of the parcel to which such accessory parcel has been
made appurtenant.
(3) No rights in the common property shall be disposed of
by a proprietor except as rights appurtenant to a parcel; and any disposition
of a parcel by a proprietor shall without express reference include a like disposition
of the rights in the common property which are appurtenant to the parcel.
35. Rights of support, service and shelter.
(1) In favour of and against each parcel proprietor there
shall be implied a right of support and a right of service.
(2) Each parcel proprietor shall be entitled to have his parcel
sheltered by all such parts of the subdivided building as are capable of affording
shelter and may, for the purpose of replacing, renewing or restoring any such
shelter, enter upon the common property or any other parcel.
(3) The rights and obligations mentioned in subsections (1)
and (2) shall be effective without memorial or notification in the strata register,
and there shall be implied in respect of them such ancillary rights and obligations
as are reasonably necessary to make them effective.
(4) In this section-
"right of support" means a right to subjacent and lateral
support by the common property and by every other parcel capable of affording
support;
"right of service" means rights to the passage or provision
of water, sewage, drainage, gas, electricity, garbage, artificially cooled or
heated air and other services (including telephone, radio and television services)
through or by means of pipes, wires, cables or ducts.
36.
Share unit entitlements.
The value of each parcel, except in the case of an accessory
parcel where no share value shall be allotted, shown in the schedule of share
units shall be taken as the share unit entitlement, and in the case of a provisional
block the value shall be taken as the provisional share unit entitlement. The
share units of a parcel or the provisional share units in the case of a provisional
block as specified in the strata title or in the provisional strata title, as
the case may be, shall determine-
(a) the voting rights of the
proprietors;
(b) the quantum of the undivided
share of each proprietor in the common property; and
(c) the proportion payable
by each proprietor of the contribution levied by the management corporation
pursuant to section 45, 63 or 66.
37. Restrictions on voting rights.
(1) Where a parcel proprietor is for any reason, unable to
control his property, the powers of voting conferred on him by the Second Schedule
shall be exercisable by the person who is for the time being authorised by law
to control that property.
(2) Where a parcel proprietor's interest is subject to a registered
charge, the powers of voting conferred on him by the Second Schedule shall,
unless it is otherwise agreed between him and the chargee first entitled in
priority, be exercisable by that chargee either personally or by proxy.
38. Power of court where no person is able to vote in respect
of a parcel.
Where a court of competent jurisdiction on the application
of the management corporation or a proprietor, is satisfied that there is no
person who is able to vote in respect of a parcel, the court-
(a) shall, in cases where a
unanimous resolution is required; and
(b) may, in any other case,
appoint a Public Trustee or some other fit and proper person
to exercise such of the powers of voting attached to the parcel by the Second
Schedule, as the court may determine.
PART VII
- MANAGEMENT OF A SUBDIVIDED BUILDING
39. Establishment of management corporation.
(1) Upon the opening of a book of the strata register in respect
of a subdivided building there shall, by the operation of this section, come
into existence a management corporation consisting of all the parcel proprietors
including in the case of phased development, the proprietor of the provisional
block or blocks.
(2) The management corporation established by subsection (1)
shall be known by the name appearing in the book of the strata register relating
to a subdivided building, and shall be a body corporate having perpetual succession
and a common seal.
(2A) The management corporation may apply to the Registrar
for a certificate certifying that the management corporation is a body corporate
constituted under this Act on the day specified in the certificate.
(3) The management corporation may sue and be sued.
(4) The management corporation shall elect a council which,
subject to any restriction imposed or direction given by the management corporation
at a general meeting, shall perform the management corporation's duties and
conduct the management corporation's business on its behalf, and may for that
purpose exercise any of the management corporation's powers.
(5) The provisions of the Second Schedule shall have effect
in relation to the management corporation and its council.
40. Restrictions imposed on management corporation during
initial period.
(1) Notwithstanding any other provisions of this Act, the
management corporation shall not, during the initial period-
(a) amend, add to or repeal
its by-laws in such a manner that a right is conferred or an obligation is
imposed on one or more but not all, proprietors or in respect of one or more,
but not all, or provisional blocks;
(b) borrow moneys or give securities;
or
(c) enter into any maintenance
or service contracts for any periods extending beyond the expiration of the
initial period.
(2) Without prejudice to any other remedy available against
the original proprietor, if a management corporation contravenes subsection
(1), the original proprietor shall be liable for any loss suffered by the management
corporation or any parcel proprietor as a result of the contravention and the
management corporation or any parcel proprietor may recover from the original
proprietor as damages for breach of a statutory duty, any loss suffered by it
or him in consequence of such contravention.
41. Duty of original proprietor to convene first annual
general meeting.
(1) It shall be the duty of the original proprietor to convene
the first annual general meeting of the management corporation within one month
after the expiration of the initial period.
(2) If the original proprietor fails to comply with subsection
(1), he shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding one thousand ringgit.
(3) Without prejudice to the provisions of subsections (1)
and (2), if the original proprietor fails to convene the first annual general
meeting within the specified period, the Director may, on application by the
management corporation, a proprietor or chargee of a parcel, appoint a person
to convene the first annual general meeting of the management corporation within
such time as may be specified by the Director.
(4) The original proprietor shall give a written notice of
the first annual general meeting to all parcel proprietors constituting the
management corporation not less than fourteen days before the meeting.
(5) The agenda for the first annual general meeting shall
include the following matters:
(a) to decide whether to confirm,
vary or extend insurances effected by the management corporation;
(b) to decide whether to confirm
or vary any amounts determined as contributions to the management fund;
(ba) to determine the portion
of contribution to the management fund to be paid into the special account
to be maintained under section 46;
(c) to determine the number
of members of the council and to elect the council where there are more than
three proprietors; and
(d) to decide whether to amend,
add to or repeal the bylaws in force immediately before the holding of the
meeting.
41A. Contributions by parcel proprietors.
Where the first annual general meeting of a management corporation
in respect of a subdivided building has not yet been convened, the proprietor
of each of the parcels or provisional blocks, if any, in the subdivided building
shall, commencing from the opening of the book of the strata register in respect
of the subdivided building, pay to the management corporation any such sum which
has been approved by the Director as the amount payable for the maintenance
of the subdivided building and the common property and such sum shall be deemed
to be the amount determined by the management corporation as the contributions
payable by the proprietors to the management fund of the management corporation.
42. Ownership of common property and custody of issue document
of title.
(1) The management corporation shall, on coming into existence,
become the proprietor of the common property and be the custodian of the issue
document of title of the lot.
(2) The management corporation shall have in relation to the
common property the powers conferred by the National Land Code on a proprietor
in relation to his land:
Provided that-
(i) except where it is specifically provided otherwise in
this Act, those powers may be exercised only on the authority of a unanimous
resolution; and
(ii) the corporation shall not have power to transfer any
portion of the common property which forms part of the building or of the
land on which the building stands.
43. Duties and powers of management corporation.
(1) The duties of the management corporation include the following:
(a) to manage and properly
maintain the common property and keep it in a state of good and serviceable
repair;
(b) to insure and keep insured
the subdivided building to the replacement value thereof against fire and
such other risks as may be prescribed under this Act;
(c) to effect such other insurance
of the subdivided building as may be required by law;
(d) to insure against such
other risks as the proprietors may by special resolution direct;
(e) to apply insurance moneys
received by it in respect of damage to the subdivided building in rebuilding
and reinstating it in so far as it may be lawful to do so, subject to any
order made by the court under section 56;
(f) to pay premiums on any
insurance effected by it;
(g) to comply with any notices
or orders given or made by any competent public or statutory authorities requiring
the abatement of any nuisance on the common property, or ordering repairs
or other work to be done in respect of the common property or any building
or other improvements on the lot;
(h) to comply with any such
notices or orders as are referred to in paragraph (g) given or made
in respect of any of the parcels, if the proprietor fails to do so within
a reasonable time;
(i) to prepare and maintain,
in such form as may be prescribed, a strata roll for the subdivided building;
and
(j) to pay the rent of the
lot.
(2) The powers of the management corporation shall include
the following:
(a) to recover from any parcel
proprietor any sum expended by the management corporation in respect of that
proprietor's parcel in complying with any such notices or orders as are referred
to in paragraph (h) of subsection (1);
(b) to purchase, hire or otherwise
acquire movable property for use by the parcel proprietors in connection with
their enjoyment of the common property;
(c) to borrow moneys required
by it in the exercise of its powers or the performance of its duties;
(d) to secure the repayment
of moneys borrowed by it and the payment of interest thereon by negotiable
instrument or by a charge of unpaid contributions to the management fund,
(whether already levied or not) by a charge of any property vested in it or
by a combination of any of those means;
(e) to collect during the initial
period by way of contributions from proprietors in proportion to the share
units or provisional share units of their respective parcels or provisional
blocks; and
(f) to do all things reasonably
necessary for the performance of its duties under this Part and for the enforcement
of the by-laws set out in the Third Schedule.
(3) The management corporation shall be deemed-
(a) for the purposes of effecting
any insurance under paragraph (b) or (c) of subsection (1),
to have an insurable interest in the subdivided building equal to its replacement
value; and
(b) for the purposes of effecting
any insurance under paragraph (d) of subsection (1), to have an insurable
interest in the subject matter of the insurance.
(4) A policy of insurance taken out by the management corporation
under this section in respect of the subdivided building shall not be liable
to be brought into contribution with any other policy of insurance, except another
policy taken out under this section in respect of the same subdivided building.
(5) Where the management corporation performs any repairs,
work or act that is required or authorised by or under this Part or by or under
any other written law to perform (whether or not the repairs, work or act were
or was performed consequent upon the service on it by any Government or statutory
authority of any notice or order), but the repairs, work or act were or was
wholly or substantially the liability or the responsibility of the proprietor
of a parcel only, or wholly or substantially for the benefit of some of the
parcels only, any money expended by the management corporation in performing
the repairs, work or act shall-
(a) in the case where the repairs,
work or act were or was wholly or substantially the liability or the responsibility
of the proprietor of a parcel only, be recoverable by the management corporation
in an action in a court of competent jurisdiction as a debt due to it jointly
and severally from-
(i) the relevant proprietor of the parcel at the time when
the repairs, work or act were or was performed; and
(ii) the relevant proprietor of the parcel at the time when
the action was commenced; or
(b) in the case where the repairs,
work or act were or was wholly or substantially for the benefit of some of
the parcels only, or wholly or substantially the liability or the responsibility
of the proprietors of some of the parcels only, be recoverable by the management
corporation in an action in a court of competent jurisdiction as a debt due
to it jointly and severally from-
(i) the relevant proprietor of each of such parcels at
the time when the repairs, work or act were or was performed; and
(ii) the relevant proprietor of each of such parcels at
the time when the action was commenced,
the amount payable by any proprietor and former proprietor
in respect of any parcel being not more than the proportion of the debt which
the share unit of the parcel then bears to the total share units of all those
parcels.
(6) A proprietor of a parcel who is not the proprietor of
the parcel at the time when the repairs, work or act referred to in subsection
(5) were or was performed shall not be liable to pay the management corporation
any amount due under that subsection if he has, at any time on or within twenty-one
days before the date he acquired the title or interest in the parcel, made a
requisition in writing to the management corporation to inquire about the amount
(if any) recoverable by the management corporation under that subsection in
respect of the parcel and the management corporation has-
(a) certified that no amount
is recoverable by the management corporation in respect of the parcel; or
(b) not given a reply to the
requisition at any time within fourteen days of the date of the service of
the requisition.
(7) Where the management corporation incurs any expenditure
or performs any repairs, work or act that it is required or authorised by or
under this Part or by or under any other written law to perform (whether or
not the expenditure was incurred or the repairs, work or act were or was performed
consequent upon the service on it by any Government or statutory authority of
any notice or order) and the expenditure or the repairs, work or act were or
was rendered necessary by reason of any wilful or negligent act or omission
on the part of, or breach of any provision of its by-laws by, any person or
his tenant, lessee, licensee or invitee, the amount of that expenditure of any
money expended by it in performing the repairs, work or act shall be recoverable
by it from that person as a debt in an action in any court of competent jurisdiction.
(8) The generality of this section shall not be prejudiced
by any other provision in this Part conferring a power or imposing a duty on
the management corporation.
44. By-laws for the regulation of a subdivided building.
(1) The by-laws set out in the Third Schedule shall, as and
from the opening of a book of the strata register be in force for all purposes
in relation to every subdivided building and shall not be amended by the management
corporation.
(2) The management corporation may by special resolution make
additional by-laws, or make amendments to such additional by-laws, not inconsistent
with the by-laws set out in the Third Schedule, for regulating the control,
management, administration, use and enjoyment of the subdivided building.
(3) The by-laws for the time being in force in respect of
the subdivided building shall bind the management corporation and the proprietors
to the same extent as if they constituted properly executed agreements-
(a) on the part of the management
corporation with each proprietor; and
(b) on the part of each proprietor
with every other proprietor and with the management corporation,
to observe and perform all the provisions of the by-laws.
(4) The management corporation shall-
(a) keep a record of the by-laws
in force from time to time;
(b) on receipt of an application
in writing made by a proprietor or by a person duly authorised to apply on
behalf of a proprietor for a copy of the by-laws in force, supply to such
proprietor or duly authorised person at a reasonable cost a copy of the by-laws;
and
(c) on the application of any
person who satisfies the management corporation that he has a proper interest
in so applying, make such by-laws available for inspection.
(5) No by-law is capable of operating-
(a) to prohibit or restrict
the transmission, transfer, lease or charge of, or any other dealing with
any parcel of a subdivided building; and
(b) to destroy or modify any
easement expressly or impliedly created by or under this Act.
(5A) In subsection (5) "easement" includes a right or obligation
created by section 35.
(6) A copy of any by-laws made by the management corporation
under subsection (2) and any amendment of any by-laws for the time being in
force, certified as a true copy under the seal of the management corporation,
shall be lodged by the management corporation with the Director within thirty
days of the passing of the resolution by the management corporation approving
the by-laws.
(7) The management corporation or any proprietor shall be
entitled to apply to a court of competent jurisdiction-
(a) for an order to enforce
the performance of, or restrain the breach of, any by-laws by; or
(b) to recover damages for
any loss or injury to any persons or properties arising out of the breach
of any by-law from,
any persons bound to comply therewith, the management corporation
or the administrator, and the court may make such order against any such persons,
the management corporation or the members of its council, or the administrator,
as the court thinks fit.
45. Management
fund.
(1) The management corporation shall establish a management
fund sufficient in the opinion of the management corporation to meet the administrative
expenses as may be incurred for the purposes of controlling, managing and administering
the common property, paying rent, rates and premiums of insurance and discharging
any other obligation of the management corporation.
(2) The management corporation may invest any moneys in the
management fund, but only in such investments or in such manner as may be approved
at a general meeting.
(3) Subject to section 41A, for the purpose of establishing
and maintaining the management fund the management corporation may at a general
meeting-
(a) determine from time to
time the amount to be raised for the purposes mentioned in subsection (1);
(b) raise the amounts so determined
by levying contributions on the proprietors in proportion to the share units
or provisional share units of their respective parcels or provisional blocks;
and
(c) determine the amount of
interest payable by a proprietor in respect of late contributions which shall
not exceed the rate of ten per cent per annum.
(4) On application by or on behalf of a person who is a proprietor
of a parcel, or by or on behalf of a prospective purchaser of a parcel that
is offered for sale, or by or on behalf of the chargee or prospective chargee
of a parcel, the management corporation shall issue to that person a certificate
certifying-
(a) the amount determined,
pursuant to subsection (3), as the contributions of that proprietor;
(b) the time and manner of
payment of the amount determined by it pursuant to that subsection;
(c) the extent, if any, to
which the contribution has been paid;
(d) the amount (if any) then
recoverable by the management corporation in respect of the parcel pursuant
to subsection (5) of section 43;
(e) the sum standing to the
credit of the management fund and the amount out of that fund committed or
reserved for any expenses already incurred by the management corporation;
and
(f) whether or not the management
corporation has incurred any expenditure or is about to perform any repairs,
work or act in respect of which a liability is likely to be incurred by the
proprietor of the parcel under any provision of this Part and, if so, the
estimated amount of the expenditure or the general nature of the repairs,
work or act, and as against the management corporation and in favour of any
person (including the member) relying in good faith on such certificate, that
certificate shall be conclusive evidence of the matters certified therein.
(5) Any contribution levied under subsection (3) in respect
of a parcel shall be due and payable on the passing of a resolution to that
effect by the management corporation and in accordance with the terms of that
resolution, and may be recovered as a debt from a proprietor of, or his successor
in title to, the parcel.
(5A) Any contribution levied under subsection (3) in respect
of a provisional block shall be due and payable on the passing of a resolution
to that effect by the management corporation and in accordance with the terms
of that resolution, and may be recovered as a debt from the proprietor of the
provisional block or, where the building to which the provisional block relates
has been subdivided, from the proprietors of the parcels in the building, or
their successors in title, in proportion to the share units of their respective
parcels.
(6) For the purposes of subsection (5) the word "proprietor"
shall include the person for the time being receiving the rent of the parcel,
whether as agent or trustee or as receiver, and who would receive the same if
the parcel were let to a tenant.
46. Special
account.
The management corporation shall maintain a special account
in which shall be paid such portion of the contribution to the management fund
as may be from time to time determined under paragraph (ba) of subsection
(5) of section 41 by special resolution for the purposes of meeting its actual
or expected liabilities in respect of the following matters;
(a) for painting or repainting
any part of the common property which is a building or other structure;
(b) for the acquisition of
any movable property for use in relation with the common property;
(c) for the renewal or replacement
of any fixtures or fittings comprised in any common property and any movable
property vested in the body corporate; and
(d) for any other expenditure
not being expenditure incurred under subsection (5) of section 43 to meet
a liability for maintenance or for settling any defaults in payment by a proprietor.
47. Acquisition of additional land, grant and acceptance
of easements, etc.
(1) The management corporation, if authorised by a unanimous
resolution, may-
(a) acquire land outside the
lot to be used for purposes connected with subdivided building;
(b) grant or accept the burden
of an easement imposed on the lot for the benefit of some other land;
(c) accept the benefit of an
easement imposed in favour of the lot on some other land; or
(d) (Deleted by
Act A753).
(2) Land outside the lot acquired under paragraph (a)
of subsection (1) shall be treated and dealt with as if it were part of the
common property:
Provided that land so acquired shall be held on a separate
title and shall not be amalgamated with the lot.
(3) Where an instrument is executed by the management corporation
in the exercise of its powers under subsection (1)-
(a) the instrument shall be
valid and effective without execution by any proprietor or other person or
body having an interest in the land;
(b) the receipt of the management
corporation for any moneys payable to the corporation under the instrument
shall be a good and sufficient discharge which exonerates the person or body
paying the moneys from responsibility for the application thereof;
(c) when the instrument is
lodged for registration it shall be endorsed with or accompanied by a certificate
under the seal of the management corporation stating that-
(i) the resolution directing the transaction to which
the instrument relates was duly passed; and
(ii) the transaction conforms to the terms of the resolution;
(d) (Deleted by
Act A753);
(e) a certificate given under
paragraph (c) shall, in favour of the Registrar or a party to the transaction
other than the management corporation, be conclusive evidence of the facts
certified.
48.
(Deleted by Act A753).
49. Rating.
(1) The management corporation shall -
(a) within
one month after its establishment, or within such further period as the rating
authority may allow, supply the rating authority with two copies of the certified
strata plan in respect of the subdivided building and with the names and addresses
of the members of the council of the corporation; and
(b) keep the rating authority
informed of any changes in the plan, names and addresses supplied under paragraph
(a).
(2) Where a rate is levied on the common property, the management
corporation shall be liable to pay the rate.
(3) For the purposes of this section the words "the rating
authority" shall mean in relation to a subdivided building any authority authorised
by law to levy rates.
50. Director may appoint managing agent to exercise or
perform certain powers, etc.
(1) The Director may, upon complaints by a proprietor or any
other person or body having a registered interest in a parcel that the management
corporation has not functioned satisfactorily, if satisfied that it is in the
interests of the parcel proprietors in the subdivided building concerned, appoint
a managing agent to exercise the powers and discharge the duties and functions
of the management corporation.
(2) Where the Director makes the appointment under subsection
(1), he may also specify that the managing agent shall have and may exercise
and discharge -
(a) all the powers, duties and functions of the management
corporation for the subdivided building to which the appointment relates or
of the council of that management corporation;
(b) any one or more of those powers, duties or functions specified
in the appointment; or
(c) all of those powers, duties and functions except those
specified in the appointment.
(3) The expenses incurred by the managing agent shall be charged
on the management fund of the management corporation.
51. Appointment of administrator for management corporation.
(1) A court of competent jurisdiction on the application of
the management corporation, a proprietor or any other person or body having
a registered interest in a parcel may, appoint an administrator for the management
corporation for a fixed or indefinite period and on such terms and conditions
as to remuneration or otherwise as the court thinks fit.
(2) The remuneration and expenses of the administrator shall
be charged on the management fund of the management corporation.
(3) The administrator shall, to the exclusion of the management
corporation, have the power and perform the duties of the management corporation,
or such of them as the court may direct:
Provided that this subsection shall not preclude the management
corporation from applying under subsection (5) for the removal or replacement
of the administrator.
(4) An administrator when appointed shall forthwith lodge
with the Registrar an office copy of the order of court making his appointment.
(5) The court may, on the application of the management corporation
or any person or body entitled to apply under subsection (1), remove or replace
the administrator.
(6) Where an order of the court for removal or replacement
of an administrator has been granted to any person, such person shall forthwith
lodge with the Registrar, an office copy of such order.
(7) On any application made under this section the court may
make such order for the payment of costs as it thinks fit.
52. The recovery of sum as debt due to management corporation.
(1) The payment of any amount lawfully incurred by the management
corporation in the course of the exercise of any of its powers or functions
or carrying out of its duties or obligations shall by virtue of this section
be guaranteed by the proprietors for the time being constituting the management
corporation, each proprietor being liable under such guarantee only for such
proportion of the money so incurred as the share units of his parcel or the
provisional share units of his provisional block bear to the aggregate share
units.
(2) Where any proprietor has not discharged or fully discharged
his liability for the purpose of subsection (1), the management corporation
shall be entitled to recover from the proprietor in any court of competent jurisdiction
as a debt due to it.
(3) Where for reasons of insufficiency of fund to meet the
sum guaranteed under subsection (1), the management corporation may at an annual
general meeting or at an extraordinary general meeting determine the amount
to be contributed by each proprietor and decide any other issue or matter relating
to the settlement of the said sum.
53.
Recovery of sums due.
(1) Where a sum becomes recoverable by the management corporation
from a proprietor by virtue of paragraph (a) of subsection (2) of section
43, subsection (5) or (5A) of section 45 and subsection (2) of section 52, the
management corporation may serve on the proprietor a written notice requesting
payment of the sum due within such period, which shall not be less than two
weeks from the date of service of the notice, as may be specified in the notice.
(2) If at the end of the period specified in the notice under
subsection (1) the sum or part of the sum due remains unpaid, the management
corporation may serve on the proprietor a written notice demanding payment of
the sum due within two weeks from the date of service of the notice; and if
upon expiry of the said period, the sum due still remains unpaid, the management
corporation may file a summons in any court of competent jurisdiction for the
recovery of the said sum or, in addition or as an alternative to recovery under
this section, resort to recovery under section 53A.
53A. Recovery of sums by attachment of movable property.
(1) In the like circumstances in which the management corporation
may, by virtue of subsection (2) of section 53, file a summons for the recovery
of a sum which becomes recoverable as mentioned in subsection (1) of that section,
the Land Administrator may, upon sworn application in writing made by any member
of the council of the management corporation, issue a warrant of attachment
in Form 7A authorising the attachment of any movable property belonging to the
defaulting proprietor which may be found in the building or elsewhere in the
State.
(2) The warrant shall be executed by a member of the council
of the management corporation or by a person specially employed by the council
to execute such warrants; and a person executing the warrant shall be deemed
to be a public servant for the purposes of the Penal Code.
(2A) If the management corporation encounters difficulties
in executing the warrant, it may seek the assistance of the Director, and in
providing such assistance, the Director may request for the assistance of a
police officer not below the rank of Inspector.
(3) A person executing the warrant-
(a) may, in the daytime, effect
forcible entry into any house or building or any part thereof for the purpose
of executing the warrant; and
(b) shall, immediately after
attachment, make an inventory of the property attached under the warrant and
serve a notice in Form 7B on the person who, at the time of attachment, was
or appeared to be in possession of the property.
(3A) Any tenant, sub-tenant, or occupier who, in order to
avoid the attachment or sale of the movable property for non-payment of any
sum due to the management corporation by the parcel proprietor, pays such sum
may thereafter, in the absence of any written agreement to the contrary, deduct
the amount so paid by him from the rent due or to become due by him to the parcel
proprietor, and may retain possession until such amount has been fully reimbursed
to him whether by deduction from the rent or otherwise.
(3B) The receipt issued by the management corporation for
any amount so paid by any such tenant, sub-tenant or occupier shall be deemed
an acquittance in full for the like amount of rent.
(4) If any person whose property is attached disputes the
legality of the attachment, he may, within fourteen days of the date of attachment,
apply to the Magistrate's Court having jurisdiction in the place of attachment
for an order for the release of the property, and the Magistrate's Court, after
making such enquiry as may be necessary, shall grant or refuse to grant the
order.
(5) If the sum due is not paid within fourteen days from the
date of attachment, the property attached or such portion thereof as may be
sufficient to realise the sum shall be sold by public auction, unless within
that period an application is made under subsection (4), in which case the property
shall be held pending the decision of the Magistrate's Court and shall then
be dealt with as the Magistrate's Court may order.
(6) If the Magistrate's Court refuses to grant an order for
the release of the property, and that decision of the Magistrate's Court is
reached within fourteen days from the date of attachment, the property shall
not be sold before the expiry of that period.
(7) Notwithstanding subsections (5) and (6), if the property
is of a perishable nature, it may be sold at once, and in that case the proceeds
of sale shall be held pending the decision of the Magistrate's Court and shall
then be dealt with as the Magistrate's Court may order.
(8) In any other case, the proceeds of sale shall be applied
in satisfaction of the sum due together with the costs of the attachment and
sale, and any surplus and any property not sold shall be paid or returned to
the person who, at the time of attachment, was or appeared to be in possession
of the property.
(9) The costs of attachment shall include the expenses of
the maintenance of livestock and the custody of movable property.
(10) In this section, unless the context otherwise requires,
"proprietor", in relation to the recovery of a sum recoverable by virtue of
subsection (5) or (5A) of section 45 from a parcel proprietor, includes any
successor in title to the parcel proprietor.
(11) Where any property is sold by virtue of subsection (7)
before the expiry of fourteen days from the date of attachment, the reference
in subsection (4) to an order for the release of the property shall be construed
as a reference to an order for the release of the proceeds of the sale of the
property.
54.
Service of documents.
(1) The management corporation shall at the main entrance
to the lot-
(a) cause to be continuously
displayed a notice showing the name of the management corporation and the
address for service of documents as shown in the book of the strata register;
and
(b) cause to be continuously
available a receptacle suitable for purposes of postal delivery with the name
of the management corporation clearly shown thereon, where the address for
service of documents shown in the book of the strata register is the postal
address of a building erected within the lot.
(2) Where the address for service of documents is altered
the management corporation shall forthwith notify the Registrar and the Director
of the alteration, and the Registrar shall make the appropriate endorsement
in the book of the strata register.
(3) A document may be served on the management corporation
by sending it by pre-paid registered post addressed to the management corporation
at the address shown on the book of the strata register.
(4) The provisions of section 431 of the National Land Code
relating to the methods of service shall apply to this section.
(5) For the purposes of this section the word "documents"
shall include summons, notice, order and other legal process.
55. Breaches of provisions of this part.
(1) If the management corporation commits a breach of any
of the provisions of this Part or makes default in complying with any requirements
of or duties imposed on it by any of the provisions of this Part, the management
corporation and every member of its council, and any other proprietor, who knowingly
is a party to the breach or default shall be guilty of an offence and shall
be liable, on conviction to a penalty expressly prescribed for such breach or
default, or if no penalty is so prescribed, to a fine not exceeding two thousand
ringgit.
(2) Where a requirement or duty is imposed on the management
corporation by this Part, any person for whose benefit, or the benefit of whose
parcel that requirement or duty is imposed on the management corporation, may
apply to a court of competent jurisdiction for an order compelling the management
corporation to carry out that requirement or perform that duty, as the case
may be, and on such an application being made, the court may make such order
as it thinks proper.
55A. Failure to pay contributions.
Where any proprietor has failed to pay the contribution demanded
by the management corporation in the manner set out in section 53, the proprietor
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding five thousand ringgit and to a further fine not exceeding fifty ringgit
for every day during which the contribution remains unpaid after conviction.
PART VIII
- TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING
56. Power of court when subdivided building is damaged.
(1) When a subdivided building is damaged but is not totally
destroyed, a court of competent jurisdiction on the application of the management
corporation, a parcel proprietor, or a registered chargee of any parcel, may
by order, settle a scheme for the reinstatement or the continued use of the
building in whole or in part and any such scheme may include provision for the
transfer of the interests of the proprietors of parcels which have been wholly
or partially destroyed to the other parcel proprietors in proportion to their
share units.
(2) In the exercise of its powers under subsection (1), the
court may make such orders as it deems necessary or expedient for giving effect
to the scheme, including orders-
(a) directing the application
of insurance moneys received by the management corporation in respect of damage
to the building;
(b) directing payment of money
by the management corporation or by the parcel proprietors or some or one
or more of them;
(c) directing such amendment
or replacement of the certified strata plan and such consequential amendment
or replacement of the strata register as the court thinks fit; and
(d) imposing such terms and
conditions as the court thinks fit.
(3) Where an application is made under subsection (1), any
insurer who has effected insurance on the building to which the application
relates (or on any part thereof) shall have the right to appear on the hearing
of the application.
57.
Termination of subdivision.
(1) The management corporation, where-
(a) the building is totally
destroyed; or
(b) the parcel proprietors
seek to demolish the building or, in the case of a building which has been
partially destroyed, the remaining parts of the building; or
(c) there is only one proprietor
for all the parcels,
may be directed by unanimous resolution to take action to
terminate the subdivision of the building; and, subject to any order of a court
of competent jurisdiction made under subsection (7), the management corporation
if so directed shall lodge with the Registrar a notification in Form 8 together
with the issue documents of title of the land and the parcels and of provisional
blocks, if any.
(2) On receipt of a notification under subsection (1) the
Registrar shall make a memorial of the notification in the register and the
strata register, and shall inform the Director of Survey that he has done so.
(3) On the making of a memorial under subsection (2) in respect
of a subdivided building-
(a) the subdivision shall be
terminated and the proprietors shall cease to be proprietors of the parcels
and provisional blocks; and
(b) the management corporation
shall become the proprietor of the lot as the trustee of the former proprietors.
(4) Where the management corporation becomes the proprietor
of the lot under subsection (3)-
(a) any registered charge on
a parcel which existed immediately before the termination of the subdivision
shall be converted into a personal obligation of the chargor to pay to the
chargee what is due under the charge;
(b) each of the former proprietors
shall continue to be a member of the corporation, having the same voting rights
as he had immediately before the termination of the subdivision;
(c) the management corporation
shall hold and manage the lot for the benefit of the former proprietors;
(d) the former proprietors
may by unanimous resolution direct the management corporation to transfer
the lot to any one or more of the former proprietors or to any other person
or body; and
(e) the management corporation
shall distribute any profits arising from its proprietorship of the lot (including
any purchase money received on a transfer) to the former proprietors proportionately
to the share units or provisional share units which they held immediately
before the termination of the subdivision.
(5) Notwithstanding the termination of a subdivision under
this section, the relevant book of the strata register shall continue in existence
while the management corporation remains the proprietor of the lot and may be
used in evidence as a record of matters relating to the subdivision before its
termination.
(6) Where the management corporation, having become the proprietor
of the lot under subsection (3), transfers the lot in pursuance of a direction
under paragraph (d) of subsection (4)-
(a) the management corporation
shall continue in existence for so long as it is reasonably necessary to wind
up its affairs and shall then cease to exist; and
(b) the Registrar shall cancel
the relevant book of the strata register.
(7) A court of competent jurisdiction, if it is satisfied
that the justice of the case so requires-
(a) may on the application
of the management corporation, a parcel proprietor or the registered chargee
of a parcel make an order-
(i) directing the management corporation to take action
under subsection (1) notwithstanding the absence of a unanimous resolution;
or
(ii) prohibiting the management corporation from taking
action under that subsection notwithstanding a direction given by unanimous
resolution; and
(b) where the management corporation
has transferred the lot in pursuance of a direction under paragraph (d)
of subsection (4), may on the application of the management corporation, a
former proprietor or a former chargee make an order for the winding up of
the affairs of the management corporation.
(8) In this section-
"former chargee" means a person who, or a body which, immediately
before the subdivision of a subdivided building is terminated under this section,
is the registered chargee of a parcel in the building;
"former proprietor" means a person who, or a body which, immediately
before the subdivision of a subdivided building is terminated under this section,
is the proprietor of a parcel in the building or of a provisional block on the
land on which the building is situated.
PART IX -
PROVISIONS FOR LOW-COST BUILDINGS
58. Classification of low-cost buildings.
(1) The State Authority may, on an application by a proprietor
of any alienated land or at any time on its own motion, having regard to the
location, nature of construction and the cost of the building, classify it to
be a low-cost building.
(2) Without prejudice to subsection (1), the State Authority
may by rules made under section 81, classify any type of buildings to be a low-cost
building.
(2A) No building erected in a provisional block shall be classified
under subsection (1) or (2) to be a low-cost building.
(3) Upon classifying any building to be a low-cost building
under subsections (1) and (2), the State Authority shall issue a certificate
to the proprietor of the land.
59. Application for subdivision by proprietor of low-cost
building.
Upon receipt of the certificate by the State Authority under
section 58, the proprietor of the land may apply for the subdivision of the
building under section 10.
60. Application of this Part upon opening of a book of
the strata register.
Upon approval of the subdivision of the low-cost building
and the opening of a book of the strata register in respect of the subdivided
building, the provisions of this Part shall apply.
61. Duties and powers of the original proprietor before
the establishment of the management corporation.
(1) During the period before the management corporation comes
into existence, it shall be the duty of the original proprietor-
(a) to control, manage, administer
and keep the common property in good repair;
(b) to pay the rent of the
lot;
(c) to insure the building
to its replacement value against fire and to keep it so insured;
(d) to effect such other insurance
policies of the buildings as may be required by law;
(e) subject to any order made
by a court of competent jurisdiction, to apply insurance moneys received by
it in respect of damage to the building in rebuilding and reinstating the
building, so far as it may be lawful to do so and to pay the premiums on any
policy of insurance effected by it; and
(f) to perform any other function
as may be necessary for the discharge of its duties.
(2) The original proprietor may-
(a) purchase, hire or otherwise
acquire movable property for use by proprietors in connection with their enjoyment
of the common property; and
(b) do all things reasonably
necessary for the discharge of its duties under this Part.
(3) The original proprietor shall be deemed for the purposes
of effecting any insurance policies under paragraph (d) or (e)
of subsection (1) to have an insurable interest in the building to its replacement
value.
(4) A policy of insurance taken out by the original proprietor
in respect of the building shall not be liable to be brought into contribution
with any other policy of insurance except if it is another policy taken out
in respect of the same building.
61A. Restrictions imposed on original proprietor during
period before management corporation comes into existence.
(1) Notwithstanding any other provisions of this Act, the
original proprietor shall not, during the period before the management corporation
comes into existence-
(a) use the lot concerned or
any part thereof as security for any loan of moneys; or
(b) enter into any maintenance
or service contracts for any periods extending beyond the date when the management
corporation comes into existence.
(2) If the original proprietor contravenes subsection (1),
the original proprietor shall be liable for any loss suffered by the management
corporation or any parcel proprietor as a result of the contravention and the
management corporation or any parcel proprietor may recover from the original
proprietor, as damages for breach of a statutory duty, any loss suffered by
it or him in consequence of such contravention.
(3) Where any dealing in contravention of paragraph (a)
of subsection (1) has been registered, such registration shall not pass any
title or interest in the lot concerned or any part thereof, and the Registrar
shall, upon discovery of the registration, cancel the registration, and no person
or body affected by such cancellation shall be entitled to any compensation.
62. Applicability and modification of by-laws in Third
Schedule during the period before the establishment of the management corporation.
(1) The by-laws set out in the Third Schedule shall during
the period before the management corporation comes into existence, have effect
in relation to every subdivided low-cost building and shall apply by substituting
for the word "corporation" wherever it appears the words "original proprietor".
(2) The said by-laws shall bind the parcel proprietors and
the original proprietor to the same extent as if they constitute properly executed
agreements-
(a) on the part of the original
proprietor with each proprietor; and
(b) on the part of each proprietor
with every other proprietor and the original proprietor,
to observe and perform all the provisions thereof.
63. Management fund established by original proprietor.
(1) The original proprietor shall establish and maintain a
management fund for the control, management and administration of the common
property, payment of any rent, rates, premiums of insurance and the discharge
of any other obligations.
(2) For the purposes of subsection (1) the original proprietor
may-
(a) determine from time to
time, the amounts to be raised;
(b) raise amounts so determined
by levying contributions on the proprietors in proportion to the share units
of their respective parcels; and
(c) by an action in any court
of competent jurisdiction, recover from any parcel proprietor any sum of money
expended for rents, rates, premiums, maintenance or repairs done.
(3) Subject to the provisions of subsection (5)-
(a) any contribution levied
under the provisions of subsection (2) shall be due and payable if the original
proprietor serves a written notice on the proprietor; and
(b) the contributions may be
recovered from the parcel proprietors who may be sued either jointly or severally
by the original proprietor in any court of competent jurisdiction.
(4) A certificate of the original proprietor shall be conclusive
evidence of the amount that may be due to him under the provisions of paragraph
(a) of subsection (3).
(5) The original proprietor shall on the application of any
proprietor of a parcel or any person authorised in writing by the proprietor
certify-
(a) the amount determined as
the contribution of the proprietor;
(b) the manner in which that
contribution is payable;
(c) the extent to which his
contribution has been paid by the proprietor; and
(d) the amount of any rates
paid by the original proprietor and not recovered by him,
and such a certificate shall be conclusive evidence of the
matters certified therein.
64. Establishment of management corporation.
(1) Upon completion of the transfer of strata title in respect
of all the parcels by the original proprietor, or upon the making of an order
under subsection (2) of section 64A by the Director, there shall come into existence
a management corporation consisting of all the parcel proprietors and the provisions
of subsections (2), (3), (4) and (5) of section 39 shall apply.
(2) Upon the coming into existence of the management corporation
as provided in subsection (1), the Registrar shall-
(a) having regard to subsections
(3) and (3A) of section 15, enter in the index in Form 2 the name of the management
corporation and the address for service of documents thereon;
(b) make on the register and
issue documents of title to the lot in question a memorial to the effect that
the common property is vested in the management corporation; and
(c) return the issue document
of title to the management corporation.
(3) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
64A. Application for establishment of management corporation.
(1) The proprietors, other than the original proprietor, of
parcels having share units totalling more than half of the total share units
of all the parcels may apply to the Director for an order that a management
corporation be established.
(1A) Where the original proprietor has transferred parcels
having more than half of the total share units of all the parcels, he may also
apply to the Director under subsection (1) for an order that a management corporation
be established.
(2) Upon receiving the application, the Director_
(a) in the case of an application
by proprietors other than the original proprietor, if satisfied that the original
proprietor has failed to discharge his duties or exercise his powers satisfactorily;
or
(b) in the case of an application
by the original proprietor, if satisfied that good grounds exist in support
thereof,
may order that a management corporation be established.
(3) The Director shall cause copies of the order to be furnished
to any one of the applicants and the Registrar.
(4) Upon receiving a copy of the order, the Registrar shall-
(a) file the copy of the order;
(b) enter a memorial in the
index in Form 2 that the management corporation is established pursuant to
an order under this section; and
(c) take action as specified
in paragraphs (a), (b) and (c) of subsection (2) of section
64.
(5) No entry shall thereafter be made on either of the documents
of title except one affecting the common property.
65. Duty of original proprietor to convene first annual
general meeting.
(1) It shall be the duty of the original proprietor to convene
the first annual general meeting of the management corporation within one month
from the establishment of the management corporation.
(2) The original proprietor shall give a written notice of
the first annual general meeting to all parcel proprietors constituting the
management corporation not less than fourteen days before the meeting.
(3) If the original proprietor fails to comply with subsection
(1), he shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding one thousand ringgit.
(4) Without prejudice to the provisions of subsections (1)
and (3), if the original proprietor fails to convene the first annual general
meeting within the specified period, the Director may on application by the
management corporation, a parcel proprietor or chargee of a parcel, appoint
a person to convene the first annual general meeting within such time as may
be specified by the Director.
(5) The agenda for the first annual general meeting shall
include the following matters:
(a) to decide whether the management
corporation shall manage the subdivided building in accordance with Part VII
or apply to the State Authority under section 67 to appoint a person or body
to be charged with the duties, powers and functions of the original proprietor
as provided for under this Part;
(b) in the event the management
corporation decides to operate under the provisions of Part VII, to decide-
(i) whether to confirm, vary or extend insurances affected
by the original proprietor;
(ii) whether to confirm or vary any amounts determined
as contributions to the management fund;
(iii) the number of members of the council, and to elect
the council where there are more than three parcel proprietors; and
(iv) whether to amend, add to or repeal the by-laws in
force immediately before the holding of the meeting.
66. Management fund established by management corporation.
(1) The management corporation shall establish a management
fund sufficient in the opinion of the management corporation to meet the administrative
expenses as may be incurred for the purposes of controlling, managing and administering
the common property, paying rent, rates and premiums of insurance and discharging
any other obligation of the management corporation.
(2) Upon the establishment of the management fund under subsection
(1), all moneys in the management fund established and operated by the original
proprietor under section 63 shall be transferred to and form part of the management
fund established under subsection (1).
(3) The provisions of subsections (2), (3), (4), (5) and (6)
of section 45 shall apply.
66A. Breaches of provisions of this part.
(1) If the original proprietor or the management corporation
commits a breach of any of the provisions of this Part or makes default in complying
with any requirements of, or duties imposed on it by, any of the provisions
of this Part, the original proprietor or, as the case may be, the management
corporation and every member of its council, and any other parcel proprietor,
who knowingly is a party to the breach or default shall be guilty of an offence
and shall be liable, on conviction, to a penalty expressly prescribed for such
breach or default, or if no penalty is so prescribed, to a fine not exceeding
two thousand ringgit.
(2) Where a requirement or duty is imposed on the original
proprietor or the management corporation by this Part, any person for whose
benefit or for the benefit of whose parcel that requirement or duty is imposed
on the original proprietor or the management corporation may apply to a court
of competent jurisdiction for an order compelling the original proprietor or,
as the case may be, the management corporation to carry out that requirement
or perform that duty, as the case may be, and on such an application being made,
the court may make such order as it thinks proper.
67. Duties and powers of person or body appointed by State
Authority.
(1) The State Authority may, upon application by the management
corporation, appoint a person or body to exercise the powers, duties and functions
of the management corporation and the said person or body so appointed shall
exercise the powers, duties and functions of the original proprietor provided
for under this Part.
(2) For the purposes of subsection (1), the provisions of
subsections (2) and (3) of section 50 shall apply.
PART IXA
- STRATA TITLES BOARD
67A.
Strata Titles Board.
(1) There shall be a Strata Titles Board which shall consist
of a President and such number of Deputy Presidents and other members as are
appointed in accordance with this section.
(2) The President, Deputy Presidents and members of the Board
shall be appointed by the State Authority.
(3) No person shall be appointed as the President or a Deputy
President of the Board unless he is a qualified person within the meaning of
the Legal Profession Act 1976 [Act 166].
(4) Not more than twenty persons shall be appointed by the
State Authority to be members of the Board in addition to the President and
Deputy Presidents of the Board.
(5) The names of the President, Deputy Presidents and members
appointed under this section shall be notified in the State
Gazette.
(6) Except where otherwise provided by this Act, the Board
shall, for the purpose of hearing and determining a dispute of which the Board
has cognizance or any other matter with respect to which the Board has jurisdiction
under this Act, be constituted by a division of the Board consisting of-
(a) the President or a Deputy
President of the Board as chairman; and
(b) two other persons to be
selected by the chairman from amongst the members of the Board appointed under
subsection (4).
67B.
Tenure of office.
(1) A member of the Board shall be appointed for a term of
two years but shall be eligible for reappointment.
(2) A member of the Board may resign by letter addressed to
the Director.
(3) The State Authority may at any time revoke the appointment
of any member of the Board and fill any vacancy in its membership.
67C.
Continuation of hearing.
(1) If after the Board has been constituted in relation to
a dispute or matter but before the dispute or matter has been determined a member
of the Board is unable to hear or continue to hear or to determine the dispute
or matter or ceases to be a member of the Board, as the case may be, whether
by death or otherwise, the Board shall be reconstituted in accordance with subsection
(6) of section 67A and the Board as reconstituted shall hear and determine the
dispute or matter or so much of the dispute or matter which has not been determined,
and in so hearing may have regard to the evidence given, the arguments adduced
and any interim order made during the previous hearing.
(2) Notwithstanding subsection (1) and section 67B, a member
of the Board who resigns or whose appointment expires during the course of any
proceedings of the Board shall for the purpose of such proceedings and until
their determination be deemed to remain a member of the Board and shall continue
to hear and determine the dispute or matter which is the subject matter of the
proceedings.
67D. Bar
to actions.
No action shall lie against any member of the Board in respect
of anything done or omitted to be done by him in good faith in the execution
or purported execution of his functions, powers and duties under this Part.
67E. Allowances.
(1) A member of the Board may be paid such allowances as may
be prescribed under this Act in respect of each day on which he is engaged in
the hearing and determining of a dispute or matter.
(2) In addition to the allowance provided for in subsection
(1), the President and the Deputy Presidents of the Board may be paid such allowances
as may be prescribed under this Act.
67F. Board to carry out its work expeditiously.
(1) The Board shall carry out its work expeditiously and shall
make a finding or determination within 6 months from the date it is constituted.
(2) The period specified in subsection (1) may be extended
by the President or a Deputy President of the Board where the dispute or matter
involves complex issues.
67G.
Proceedings of Board.
(1) The proceedings of the Board shall be open to the public
and minutes of the Board including a note of any oral evidence given before
the Board shall be kept by the President of the Board.
(2) The members of the Board shall be deemed to be public
servants within the meaning of the Penal Code [Act 574].
67H. Order revoking amendment of by-law.
(1) Where, pursuant to an application by any person entitled
to vote at a meeting of the management corporation (including a first chargee
and chargor of a parcel), the Board considers that, having regard to the interest
of all parcel proprietors in the use and enjoyment of their parcels or the common
property, an amendment or revocation of an additional by-law or addition of
a new additional bylaw should not have been made or effected, the Board may
order that the amendment be revoked, that the revoked additional by-law be revived
or that the new additional by-law be revoked.
(2) When making an order under subsection (1) in respect of
an additional by-law referred to in subsection (2) of section 44, the Board
may direct the management corporation to pay compensation to the proprietor
of the parcel adversely affected by the additional by-law.
(3) The compensation ordered to be paid under subsection (2)
is recoverable by the parcel proprietor as a debt in any court of competent
jurisdiction.
67I. Order invalidating purported by-law.
Where, pursuant to an application by any person entitled to
vote at a meeting of a management corporation (including a first chargee and
a chargor of a parcel), the Board finds that the management corporation has
made an additional by-law but that the management corporation did not have the
power to make the additional by-law the Board may make an order declaring the
additional bylaw to be invalid.
67J. Power of Board to invalidate proceedings.
(1) Where, pursuant to an application by a parcel proprietor
or first chargee of a parcel, the Board considers that the provisions of this
Act have not been complied with in relation to a meeting of the management corporation,
the Board may by order-
(a) invalidate any resolution
of, or election held by, the persons present at the meeting; or
(b) refuse to invalidate any
such resolution or election.
(2) The Board shall not make an order under subsection (1)
refusing to invalidate a resolution or election unless it considers-
(a) that the failure to comply
with the provisions of this Act did not prejudicially affect any person; and
(b) that compliance with the
provisions of this Act would not have resulted in a failure to pass the resolution,
or have affected the result of the election, as the case may be.
67K. Order varying certain rates of interest.
Where, pursuant to an application by a parcel proprietor for
an order under this section, the Board considers that the management corporation
for the subdivided building to which the application relates has determined
an unreasonable rate as the rate of interest payable for the late payment of
a contribution levied under section 45, the Board may order that no interest
be so payable or that the interest so payable be at a rate specified by the
Board instead of the rate so determined.
67L. Order where voting rights denied or due notice of
item of business not given.
(1) Where, pursuant to an application by a person under this
section, the Board is satisfied that a particular resolution would not have
been passed at a general meeting of a management corporation but for the fact
that the applicant-
(a) was improperly denied a
vote on the motion for the resolution; or
(b) was not given due notice
of the item of business pursuant to which the resolution was passed,
the Board may order that the resolution be treated as a nullity
on and from the date of the order.
(2) Where-
(a) an order under subsection
(1) is made in respect of a resolution making an additional by-law amending,
adding to or revoking another additional by-law; and
(b) the additional by-law made
pursuant to that resolution is in force,
the additional by-law shall, subject to its having been or
being amended, added to or revoked under subsection (2) of section 44, have
force and effect on and from the date the order is so made to the same extent
as it would have had if the resolution had not been passed.
(3) An application for an order under subsection (1) may not
be made after 21 days after the date of the meeting at which the resolution
was passed.
67M. Order varying the amount of insurance to be provided.
Where, pursuant to an application made by a parcel proprietor
or the chargee of a parcel, the Board considers that the amount for which the
management corporation for the subdivided building concerned has insured the
subdivided building under subsection (1) of section 43 is not reasonable, the
Board may order the management corporation to vary that amount to a specified
amount.
67N. Board may settle disputes on the costs of repairs
etc..
The Board may, pursuant to an application by a management
corporation, a parcel proprietor or a chargee in possession of a parcel, make
an order for the settlement of a dispute, or the rectification of a complaint
with respect to any defects in a parcel, a subdivided building and its common
property or the liability of a parcel proprietor to bear the costs of or any
part thereof for any work carried out by a management corporation in the exercise
or performance of its powers, duties or functions conferred or imposed by this
Act and the by-laws in connection with the subdivided building.
67O. Order to make or pursue insurance claim.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
to which the application relates has unreasonably refused to make or pursue
an insurance claim in respect of damage to the building or any other property
insured by the management corporation under this Act, the Board may order the
management corporation to make or pursue the claim.
67P. Order to supply information or documents.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
or any member of its council to which the application relates, or managing agent
for the subdivided building, has wrongfully withheld from the applicant information
to which he is entitled under this Act, the Board may order that management
corporation, managing agent, or any member of the council to supply or make
available the information to the applicant.
67Q. Order with respect to certain consents affecting common
property.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
to which the application relates has unreasonably refused to consent to a proposal
by that parcel proprietor to effect alterations to the common property, the
Board may order that management corporation to consent to the proposal.
67R. General provisions relating to orders under this Part.
(1) An order made by the Board may include such ancillary
or consequential provisions as the Board thinks fit including costs to be paid
by the applicant, a management corporation or any person against whom the order
is made or costs to be paid by a party for making a frivolous application to
the Board.
(2) For the purpose of securing compliance with an order under
this Part, the Board may order a management corporation or any member of its
council, a managing agent or any other person having registered interest in
a parcel or an occupier to do or refrain from doing a specified act with respect
to a subdivided building and the common property.
67S. Representation before the Board.
(1) An applicant for an order under this Part may appear before
the Board or may be represented by counsel who may examine witnesses and address
the Board on behalf of the applicant.
(2) A management corporation appearing before the Board may
be represented by counsel or a member of the council of the management corporation.
67T. Witnesses may be summoned before the Board.
(1) The Board may summon any person to attend before the Board
at the time and place specified in the summons to give evidence and to produce
books, documents or writings in his custody or control which he is required
by the summons to produce.
(2) A person served with a summons under subsection (1) who,
without reasonable excuse, disobeys the summons shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding five thousand ringgit
or to imprisonment for a term not exceeding six months or to both.
(3) A person shall not be bound to produce any books, documents
or writings not specified or otherwise sufficiently described in the summons
or which he would not be bound to produce upon a subpoena for production in
a court.
67U. Board may administer oath or affirmation.
(1) The Board may administer an oath or affirmation to a person
appearing as a witness before the Board, whether or not he has appeared in answer
to a summons, and may examine the witness upon oath or affirmation.
(2) A person appearing as a witness before a Board-
(a) shall not refuse to be
sworn or to make an affirmation;
(b) shall not refuse to answer
any question relevant to any proceedings before the Board which are put to
him by the Board or by any person entitled to appear before the Board in those
proceedings; and
(c) shall not knowingly give
false testimony in any evidence given by him to the Board.
(3) A witness before a Board shall have-
(a) the same protection; and
(b) in addition to the penalties
provided by this Act, the same liabilities,
as he would have had if he had been a witness before a court.
67V. Penalty for contravention of certain orders.
(1) A person who contravenes an order made by the Board to
do or refrain from doing a specified act shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding two years or to both.
(2) A document purporting to be a copy of an order made by
the Board shall be admissible in evidence and shall, until the contrary is proved,
be deemed to be an order made by the Board.
67W. Time when order takes effect.
Except where provision is otherwise made by this Act or to
the extent that the Board specifies in an order, an order of the Board shall
take effect when a copy of the order, certified by the Board to be a true copy,
is served-
(a) except as provided in paragraph
(b), on the management corporation for the subdivided building to which
the order relates; or
(b) where the order requires
a person to do or refrain from doing a specified act, on that person.
67X. Appeal to the High Court on point of law.
(1) No appeal shall lie to the High Court against an order
made by the Board under this Part except on a point of law.
(2) Where an appeal is made to the High Court, the Court may
confirm, vary or set aside the order or remit the order to the Board for reconsideration
together with such directions as the Court thinks fit.
(3) The filing of a notice of appeal shall not operate as
a stay of execution of an order or suspend the effect of an order unless the
Board or the High Court, as the case may be, otherwise orders and any stay or
suspension of an order may be subject to such conditions as the Board or High
Court thinks fit.
PART X - MISCELLANEOUS
68.
(Deleted by Act A753).
69. No dealing in accessory parcel independent of a parcel.
No accessory parcel or any share or interests therein shall
be dealt with independently of the parcel to which such accessory parcel has
been made appurtenant as shown on the approved strata plan.
70. No dealing in provisional block.
(1) No provisional block or any share or interests therein
shall be dealt with.
(2) Where any dealing of a provisional block has been registered,
such registration shall not pass any title or interest in the said provisional
block, and the Registrar shall, upon discovery of the registration, cancel the
registration and no person or body affected by such cancellation shall be entitled
to any compensation.
71.
(Deleted by Act A753).
72.
(Deleted by Act A753).
73. Other rights and remedies not affected by this Act.
Nothing in this Act shall affect any other rights or remedies
which a proprietor or chargee of a parcel or a management corporation may have,
in relation to any parcel or the common property, conferred by any other written
law.
74. Jurisdiction of the Magistrate's Court.
Any offence under this Act may be tried by a Magistrate's
Court and such Magistrate's Court shall, notwithstanding the provisions of the
Subordinate Courts Act, 1948 or any other written law, have power to impose
the maximum penalty provided for by this Act.
75. Legal
proceedings.
(1) Every application to the court under this Act shall be
by summons in Chambers.
(2) Where there is provision for a sum to be recoverable by
any person or any authority from any other person or authority the sum shall
be recoverable by an action for debt in any court of competent jurisdiction.
76. Management corporation as representative of proprietors
in legal proceedings.
(1) Where proprietors are jointly entitled to take legal proceedings
against any persons or are liable to have legal proceedings taken against them
jointly, where such legal proceedings are proceedings for or with respect to
common property, the legal proceedings may be taken by or against the management
corporation, and any judgments or orders given or made in favour of or against
the management corporation in any such legal proceedings shall have effect as
if they were judgments or orders given or made in favour of or against the proprietors.
(2) Where a proprietor is liable to make a contribution to
another proprietor in respect of a judgment debt arising under a judgment referred
to in subsection (1), the amount of that contribution shall bear the same proportion
to the judgment debt as the share units of the parcel or the provisional share
units of the provisional block of the first-mentioned proprietor bear to the
aggregate share units.
77. Power of management corporation to take proceedings
as agent for proprietors in case of structural defects.
Where-
(a) the condition of any parcel
in a lot affects or is likely to affect the support or shelter provided by
that parcel for another parcel in the same building or the common property;
and
(b) the proprietor of the parcel
in that condition has neglected or refused within a reasonable time to take
such action as is necessary, or for the purpose of exercising any other right
or enforcing any other remedy available to him to have that condition rectified,
the management corporation or the original proprietor under
Part IX, as the case may be, may, as agent for the proprietor of the parcel
in that condition but at its own expense, take any of the proceedings referred
to in paragraph (b).
78. Costs in proceedings by proprietors against management
corporation.
(1) In any proceedings brought by one or more proprietors
against the management corporation, a court of competent jurisdiction may order
that any moneys (including costs) payable by the management corporation pursuant
to an order of the court made in those proceedings shall be paid, only in respect
of such parcels as are specified in the order and in such proportions as may
be so specified, by the management corporation out of contributions levied for
the purpose.
(2) Where the court makes an order under subsection (1), the
management corporation shall, for the purposes of paying the moneys ordered
to be paid by it, levy contributions in accordance with the terms of the order,
and pay the moneys out of the contributions paid pursuant to that levy.
79. Limitation Act 1953 not to extend to common property.
No action shall be brought by any person claiming title by
adverse possession to the common property of a lot or to any accessory parcel
or any part thereof created under this Act, and the provisions of the Limitation
Act, 1953 relating to adverse possession shall not extend to such common property
and accessory parcel.
80. Power of entry by public or local authority.
A public or local authority which is authorised by any written
law to enter upon part of a lot for the purposes of exercising any power conferred
on it, may enter upon any other part of that lot if it is necessary to do so
in order to exercise that power.
80A. Prosecution.
No prosecution shall be instituted for an offence under this
Act or any rules made under this Act without the consent in writing of the Public
Prosecutor.
81. Power of state authority to make rules.
(1) The State Authority may by notification in the Gazette,
make rules not inconsistent with this Act for giving effect to the provisions
of this Act, and in particular but without limiting the generality of the foregoing
power in respect of all or any of the following matters:
(a) the fees to be paid for
any procedures or functions required or permitted to be done under this Act
and the remission of such fees;
(aa) the fees to be paid in
respect of applications made to the Board under this Act and the remission
of any such fees;
(ab) the practice and procedure
of the Board;
(b) the convening of the first
annual general meeting of a management corporation;
(c) the composition, nomination
and election of members of the council of a management corporation of a subdivided
building;
(d) the types of buildings
to be classified as low-cost buildings; and
(e) any matter which by this
Act is required or permitted to be prescribed or is necessary or convenient
to be prescribed for carrying out or giving effect to any provisions of this
Act.
(2) Rules made under subsection (1) may provide for matters
which differ in their application according to such factors as are specified
in the rules.
(3) Rules made under subsection (1) may prescribe a penalty
for any breach or contravention thereof of a fine not exceeding one thousand
ringgit.
82.
Transitional provision.
(1) The State Authority may, for the purposes of applying
the provisions of this Act to subdivided buildings, subsidiary titles, parcels,
common property, management corporations and councils which were in existence
prior to the commencement of this Act, with or without modifications, additions
or exclusions to or in respect of any such subdivided buildings, subsidiary
titles, parcels, common property, management corporations or councils and for
purposes incidental thereto, make rules providing for such modifications, additions
or exclusions and such transitional, consequential or saving provisions as the
State Authority may deem to be necessary or expedient.
(2) Until rules are made under subsection (1), nothing contained
in this Act shall apply to any subdivision of a building effected, or to any
subsidiary title issued, or to any parcel, common property, management corporation
or council in existence, prior to the commencement of this Act, and the provisions
of the National Land Code shall continue to apply thereto in the same manner
as before the commencement of this Act.
(3) Nothing contained in the Fourth Schedule shall affect
the provisions of the National Land Code in their application to any subdivision
of a building effected, or to any subsidiary title issued, or to any parcel,
common property, management corporation or council in existence, prior to the
commencement of this Act.
83. Repeal and amendment of provisions of the National
Land Code.
(1) The provisions of the National Land Code as shown in Part
I of the Fourth Schedule are repealed.
(2) The provisions of the National Land Code as shown in the
first column of Part II of the Fourth Schedule are amended in the manner set
out in the second column thereof.
84.
Amendment of Forms.
The Minister may, with the approval of the National Land Council,
by order notified in the Gazette of the Federation, amend or substitute
any of the Forms in the First Schedule.
85. Transitional provision with respect to rules, orders,
etc.
Any rule, order, regulation, direction, notice or notification
made, given or issued before the commencement of this Act under the provisions
of the National Land Code repealed by subsection (1) of section 83 shall, if
it could have been made, given or issued under any corresponding provisions
of this Act, continue in force, and have the like effect, as if it had been
so made, given or, as the case may be, issued.
|
