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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 | 
