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. |