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STRATA TITLES ACT 1985  (ACT 318)

PART I
PRELIMINARY

 

1 Short title.

2 Application.

3 Commencement.

4 Interpretation.

5 Construction of the Act

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 sections 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 of Mapping for the State or the Federal Territory and includes a Deputy of 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 the 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.

Links: | Part 1 | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part IXA | Part X | 1st Schedule | 2nd Schedule | 3rd Schedule | 4th Schedule |

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