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STRATA TITLES (FEDERAL TERRITORY OF KUALA LUMPUR) RULES, 1988

ARRANGEMENT OF RULES

 

1.Citation.

2.Interpretation.

3.Application.

4.Administration fees.

5.Exemption fees in certain cases.

5A.Deposit.

6.Total exemption of fees in specific matters.

7.Convening of the first annual general meeting of management corporation.

8.Quorum at the first annual general meeting.

9.Chairman of the first annual general meeting.

10.Decision at the first annual general meeting.

11.Manner of deciding questions at the first annual general meeting.

12.Proxy.

13.Voting rights of co-proprietors.

14.Voting rights of co-proprietors.

15.Record of number of votes at the election of council members.

16.Nomination of candidates to be elected to the council.

17.Classification of buildings as low-cost and issue of certificate.

18.Maintenance of strata rolls.

19.Application for appointment of person or body to exercise powers, etc. of management corporation.

 

SCHEDULE I.- (Rule 4) ADMINISTRATION FEES
 

SCHEDULE IA.-(Rule 5A(1))
NOTICE CALLING FOR A DEPOSIT UNDER SECTION 9(2)(c)
 

SCHEDULE IB - (Rule 5A(2))
LETTER SUBMITTING PAYMENT OF DEPOSIT AND GIVING STATEMENT REQUIRED BY SECTION 9(2)(c)
 

SCHEDULE II - FORMS:

  • (Rule 7 (1)) - FORM A
    NOTICE OF FIRST ANNUAL GENERAL MEETING

  • (Rules 7 (2)) - FORM B
    NOTICE OF FIRST ANNUAL GENERAL MEETING FOR LOW-COST BUILDING

  • (Rule 11) - FORM C
    MOTION VOTING CALCULATION

  • (Rules 12) - FORM D
    APPOINTMENT OF PROXY

  • (Rules 15) - FORM E
    COUNCIL BALLOT CALCULATOR

  • (Rules 16) FORM F
    NOTICE INVITING NOMINATIONS OF CANDIDATES AS COUNCIL MEMBERS

  • (Rules 16) NOMINATION FORM FOR CANDIDATES TO BE ELECTED TO COUNCIL

  • (Rule 17 (1))FORM G
    APPLICATION FOR A BUILDING TO BE CLASSIFIED AS A LOW-COST BUILDING

  • (Rules 17 (2)) - FORM H
    CERTIFICATE FOR LOW-COST BUILDING(S)

  • (Rule 18) - FORM I
    STRATA ROLL

  • (Rule 19(1)) - FORM J
    APPLICATION FOR THE APPOINTMENT OF PERSON BODY TO EXERCISE THE POWERS AND DISCHARGE THE DUTIES AND FUNCTIONS OF THE MANAGEMENT CORPORATION OF SUBDIVIDED BUILDING OTHER THAN LOW-COST BUILDING

  • (Rule 19 (2)) - FORM K
    APPLICATION FOR THE APPOINTMENT OF PERSON/BODY TO EXERCISE THE POWERS AND DISCHARGE DUTIES AND FUNCTIONS OF MANAGEMENT CORPORATION OF SUBDIVIDED LOW-COST BUILDING
     

 

 

Rules

IN exercise of the powers conferred by section 81 of the Strata Titles Act 1985, the Minister makes the following rules:

1. Citation.

The Rules may be cited as the Strata Titles (Federal Territory of Kuala Lumpur) Rules, 1988.

2. Interpretation.

In these Rules -

"Federal Territory" means the Federal Territory of Kuala Lumpur;

"Minister" means the Minister charged with the responsibility for land in the Federal Territory;

3. Application.

Every application, other than an application for which a form has been prescribed in the First Schedule to the Act, shall be made in writing in the Schedule to the Act, shall be made in writing in the form prescribed in Schedule II to these Rules.

4. Administration fees.

The fees payable for various applications and actions under the Act and these Rules shall be as specified in Schedule 1 to these Rules.

5. Exemption fees in certain cases.

Notwithstanding rule 4, the Minister may in any particular case or in respect of any particular area, grant partial or total exemption from the payment of the prescribed fees.

5A. Deposit.

(1) The notice calling for a deposit required under section 9(2)(c) of the Act shall be made in the form prescribed in Schedule 1A.

(2) A letter in the form prescribed in Schedule IB shall accompany every payment of deposit.

6. Total exemption of fees in specific matters.

Notwithstanding rule 4, no fees shall be payable in respect of the following:

(i) application by any public authority to subdivide a low-cost building;

(ii) application by management corporation under section 67 of the Act; and

(iii) application by any public authority to classify its building to be a low-cost building and to be issued with a certificate of the fact.

7. Convening of the first annual general meeting of management corporation.

(1) The original proprietor, other than a proprietor of a low-cost building, shall convene the first annual general meeting of the management corporation as required by section 41 of the Act by giving a written notice of such meeting in Form A in Schedule II hereto to all parcel proprietors constituting the management corporation not less than fourteen days before the meeting.

(2) The original proprietor of a low-cost building shall convene the first annual general meeting of the management corporation as required by section 65 of the Act by giving a written notice of such meeting in Form B in Schedule II hereto to all parcel proprietors constituting the management corporation not less than fourteen days before the meeting.

8. Quorum at the first annual general meeting.

(1) One-half of the persons entitled to vote shall constitute a quorum at the first annual general meeting.

(2) If within half an hour after the time appointed for the general meeting, a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time, and if at the adjourned meeting a quorum is not present within half an hour after the time appointed for the meeting, those persons entitled to vote who are present shall constitute a quorum.

9. Chairman of the first annual general meeting.

The first annual general meeting shall be presided over by a chairman who shall be elected, from among themselves, by those persons present who are entitled to vote.

10. Decision at the first annual general meeting.

(1) The agenda for the first annual general meeting of the management corporation of any subdivided building, other than a low-cost building, shall include the following matters:

(a) to decide whether to confirm, vary or extend insurances affected by the management corporation;

(b) to decided whether to confirm or vary any amounts determined as contributions to the management fund;

(c) to determine the number of members of the council and to elect the council where there are more than three parcel proprietors; and

(d) to decide whether to amend, add to or repeal the by-laws in force immediately before the holding of the meeting.

(2) The agenda for the first annual general meeting in respect of low-cost building shall include the following matters:

(a) to decide whether the management corporation shall manage the subdivided building in accordance with the provisions of the Act or apply to the Minister for the appointment of a person or body to be charged with the duties, powers and functions of the original proprietor as provided for under the Act;

(b) in the event the management corporation decides to operate under the provisions of the Act -

(i) to decide whether to confirm, vary or extend insurances affected by the original proprietor;

(ii) to decide whether to confirm or vary any amounts determined as contributions to the management fund;

(iii) to determine the number of members of the council and to elect the council where there are more than three parcel proprietors; and

(iv) to decide whether to amend, add to or repeal the by-laws in force immediately before the holding of the meeting.

11. Manner of deciding questions at the first annual general meeting.

(1) A resolution at the first annual general meeting shall be decided in the show of hands unless a poll is demanded by a proprietor or his proxy.

(2) Unless a poll is demanded, a declaration by the chairman that a resolution has been carried on a show of hands shall be conclusive evidence of the fact.

(3) A demand for a poll may be withdrawn.

(4) Where a poll is taken, it shall be taken in such manner as the chairman thinks fit, and the result of the poll shall be recorded by using Form C in Schedule II hereto and shall be deemed to be the resolution of the meeting.

(5) In the case of an equality of votes (whether on a show of hands or a poll) the chairman shall be entitled to a casting vote.

12. Proxy.

(1) On a show of hands or poll, votes may be cast either personally or by proxy.

(2) Any instrument appointing a proxy (who need not be a proprietor) shall be in writing in Form D in Schedule II hereto under the hand of the person making the appointment or his attorney.

13. Voting rights of co-proprietors.

(1) Subject to subrule (2), each proprietor who is not a co-proprietor shall have one vote on a show of hands, and on a poll have such number of votes as that corresponding with the number of share units attached to his parcel.

(2) Except where a unanimous resolution is required, no proprietor shall be entitled to vote at the first annual general meeting unless all contributions to the management fund of the corporation in respect of his parcel have been duly paid.

14. Voting rights of co-proprietors.

(1) Co-proprietors may vote by means of a jointly appointed proxy.

(2) In the absence of a proxy, co-proprietors shall not be entitled to vote on a show of hands except where a unanimous resolution is required.

Provided that any one co-proprietor may demand a poll.

(3) On a poll, each co-proprietor shall be entitled to such number of votes attaching to his parcel as is proportionate to his interest in the parcel.

15. Record of number of votes at the election of council members.

In conducting the election of council members at the meeting; the number of votes obtained by each candidate shall be recorded in Form E in Schedule II hereto.

16. Nomination of candidates to be elected to the council.

For purpose of electing members to the council at the first annual general meeting of the management corporation, the original proprietor may at any time before the meeting send a written notice in Form F in Schedule II hereto to all parcel proprietors inviting nomination of candidates to be elected as council members of the management corporation giving a date by which they are required to submit their nomination forms.

17. Classification of buildings as low-cost and issue of certificate.

(1) An application by a proprietor of any alienated land for purpose of classifying any building to be a low-cost building under section 58 of the Act shall be in Form G in Schedule II hereto.

(2) Where a building is classified as a low-cost building a certificate in Form H in Schedule II hereto shall be issued to the proprietor of the land.

18. Maintenance of strata rolls.

(1) Every management corporation shall prepare and maintain a strata roll for the subdivided building pursuant to section 43 of the Act.

(2) The strata roll shall comprise of a register for recording particulars relating to individual parcels and provisional blocks (if any) and shall be in Form I in Schedule II hereto.

19. Application for appointment of person or body to exercise powers, etc. of management corporation.

(1) An application by a parcel proprietor or any other person or body having a registered interest in a parcel pursuant to section 50 of the Act shall be in Form J in Schedule II hereto.

(2) An application by a management corporation of a low-cost building pursuant to section 67 of the Act shall in be in Form K in Schedule II hereto.

 

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