STAPART X

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 judgements 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 judgements 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 judgement debt arising under a judgement referred to in subsection (1), the amount of that contribution shall bear the same proportion to the judgement debt as the share units of the parcel of the provisional share units of the provisional blocks 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 defects to parcel -

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 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 proportion 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) prescribe a penalty for any breach or contravention thereof of a fine not exceeding one thousand ringgit.

82. Transitional provisions.

(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 affected, 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 subdivisions of a building affected, 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 1 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.