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STRATA
TITLES (AMENDMENT) ACT 1990
ACT A753
Date of Royal Assent 8 February 1990
Date of Publication in Gazette 22 February 1990
Date of coming into force: 23 February 1990
An Act to amend the Strata Titles Act 1985.
WHEREAS it is expedient for the purpose only of ensuring uniformity of law and
policy to amend the Strata Titles Act 1985:
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 Dewan
Rakyat in Parliament assembled, and by the authority of the same, as follows.:
1. Short title.
This Act may be cited as the Strata Titles (Amendment) Act 1990.
2. Amendment of section 4.
Section 4 of the Strata Titles Act 1985 [Act 318],
which in this Act is referred to as "the principal Act", is amended-
(a) by deleting the word "parcel" appearing immediately
after the words "on which there are" in the definition of "initial period";
(b) by inserting, immediately after the words "of
a parcel or parcels" in the definition of "initial period", the words "or
a provisional block or blocks";
(c) by substituting the words "or 64" in the definition
of "management corporation" with the words ", 64 or 64A";
(d) by inserting, immediately after the word which"
in the definition of "parcel" the words "(except in the case of an accessory
parcel)";
(e) by substituting the definition of "proprietor"
with the following:
' "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;'; and
(f) by substituting the definition of "provisional
block" with the following:
' "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;'.
3. Amendment of section 6.
Section 6 of the principal Act is amended-
(a) by deleting the words "each to be held under
a separate strata title" in subsection (1); and
(b) by inserting, immediately after the word "parcels"
in subsection. (1), the words "; and any building or buildings having only
one storey on the same land shall also be capable of being subdivided, but
only into parcels to be held as accessory parcels".
4. Amendment of section 8.
Section 8 of the principal Act is amended-
(a) by substituting the words "on or before the
dates" in subsection (1) with the words "within the period";
(b) by substituting the section number "9" in subsections
(1) and (3) with the number "10";
(c) by substituting subsection (2) with the following:
"(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."; and
(d) by substituting subsection (6) with the following:
"(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.".
5. Amendment of section 9.
Section 9 of the principal Act is amended-
(a) by substituting paragraph (a) with the
following:
"(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) by substituting paragraph (b) with the
following:
"(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) by deleting subparagraph (i) of paragraph
(f);
(d) by deleting the words "the land or" in subparagraph
(iv) of paragraph (f);
(e) by deleting the word "and" at the end of paragraph
(g);
(f) by substituting the full stop at the end of
paragraph (h) with a semicolon, and by inserting, immediately after
paragraph (h), the following new paragraphs (i) and (j):
"(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; and
(j) that the land on which the building or buildings
stand is not subject to any charge or lien."; and
(g) by numbering the existing provisions, amended
as aforesaid, as subsection (1) and inserting, immediately thereafter, the
following subsection (2):
"(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.".
6. Amendment of section 10.
Section 10 of the principal Act is amended-
(a) by inserting, immediately after paragraph (a)
of subsection (1), the following new paragraph (aa):
"(aa) except in a case falling under subsection
(6A), the building plans approved by the planning authority, to be submitted
in triplicate;";
(b) by substituting subparagraph (i) of paragraph
(b) of subsection (1) with the following:
"(i) that he has made a comparison of the plans to the
original plans of the building 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";
(c) by substituting paragraph (c) of subsection
(1) with the following:
"(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;";
(d) by inserting, immediately after paragraph (c)
of subsection (1), the following new paragraph (ca):
"(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;";
(e) by substituting paragraph (d) of subsection
(1) with the following:
"(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;";
(f) by deleting paragraph (d) of subsection
(2) and paragraph (f) of subsection (3);
(g) in the national language text only, by substituting
the words "binaan kekal yang" in paragraph (b) of subsection (3)
with the word "dengan";
(h) by inserting, at the end of paragraph (b)
of subsection (4), the word "and", by deleting the word "and" at the end
of paragraph ( c) of that subsection and by deleting paragraph (d)
of that subsection;
(i) by deleting from paragraph (a) of subsection
(6) the words ", and in the case of any provisional block the quantum of
provisional share units shall similarly be shown therein for the provisional
block"; and
(j) by inserting, immediately after subsection
(6), the following new subsection (6A):
"(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. New section 10A.
The principal Act is amended by inserting, immediately after
section 10, the following new section l0A:
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.
(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.".
8. New section 14A.
The principal Act is amended by inserting, immediately after
section 14, the following new section 14A:
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.".
9. Amendment of section 15.
Section 15 of the principal Act is amended-
(a) by inserting, immediately after the words "any
of those parcels" in subparagraph (i) of paragraph (b) of subsection
(2), the words "or provisional blocks";
(b) by inserting, at the end of paragraph (d)
of that subsection, the words "and each provisional block"; and
(c) by inserting, immediately after subsection
(3), the following new subsection (3A):
"(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.".
10. Amendment of section 17.
Section 16 of the principal Act is amended-
(a) by substituting paragraph (a) of subsection
(2) with the following:
(a) a register document of title in Form 4 in respect
of a parcel and in Form 4A in respect of a provisional block;"; and
(b) by deleting subsection (4).
11. Amendment of section 17.
Section 17 of the principal Act is amended by inserting,
immediately after subsection (2), the following new subsection (3):
"(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).".
12. Substitution of section 19.
The principal Act is amended by substituting section 19
with the following:
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."
13. Amendment of section 20.
Section 20 of the principal Act is amended-
(a) by inserting, immediately after the words ,.occupation
or use," in subsection (1), the words "but in any case within six months
from the date the building is so certified,";
(b) by inserting, immediately after subsection
(1), the following new subsection (1A):
"(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.";
(c) by substituting the words "a land surveyor"
in paragraph (b ) of subsection (2) with the words "an architect
registered under the Architects Act 1967 or of a professional engineer registered
under the Registration of Engineers Act 1967";
(d) by inserting, at the end of that paragraph,
the words "and any approved amendments thereto";
(e) by inserting, immediately after that paragraph,
the following new paragraph (ba):
"(ba) a copy of the approved building plan and
approved amendments thereto referred to in paragraph (b);";
(f) by substituting the paragraph number "(c)"
in paragraph (p) of subsection (2) with the paragraph number "(b)";
and
(g) by inserting, immediately after that paragraph,
the following new paragraphs (ca) and (cb):
"(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;".
14. Amendment of section 21.
Section 21 of the principal Act is amended-
(a) by inserting, at the end of paragraph (a)
of subsection (1), the words "and any approved amendments thereto"; and
(b) by inserting, immediately after paragraph (a)
of subsection (1), the following new paragraph (aa):
(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;".
15. New sections 22A and 22B.
The principal Act is amended by inserting in Part IV, immediately
after section 22, the following new sections 22A and 22B:
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.".
16. Substitution of heading of Part VI.
Part VI of the principal Act is amended by substituting
its heading with the following:
"RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS
AND PROVISIONAL BLOCKS".
17. Amendment of section 34.
Section 34 of the principal Act is amended-
(a) by inserting, immediately after the word "parcel"
in paragraph (a) of subsection (1), the words "(in the case of a
parcel proprietor)"; and
(b) by deleting the word "parcel" in paragraph
(b) of subsection (1).
18. Amendment of section 36.
Section 36 of the principal Act is amended by deleting the
word "parcel" in paragraphs (b) and (c).
19. Amendment of section 38.
Section 38 of the principal Act is amended by deleting the
word "parcel" appearing immediately after the words "the management corporation
or a".
20. Amendment of section 40.
Section 40 of the principal Act is amended-
(a) by deleting the word "parcel" appearing immediately
after the words "but not all," in paragraph (a) of subsection (1);
(b) by inserting, at the end of that paragraph,
the words "or provisional blocks"; and
(c) by substituting the word "or" appearing immediately
after the words "as damages" in subsection (2) with the word "for".
21. Amendment of section 41.
Section 41 of the principal Act is amended by deleting the
word "parcel" in paragraph (c) of subsection (5).
22. Amendment of section 42.
Section 42 of the principal Act is amended by substituting
paragraph (ii) of the proviso to subsection (2) with the following:
"(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.".
23. Amendment of section 43.
Section 43 of the principal Act is amended-
(a) by inserting, immediately after the word 4
1 maintain" in paragraph (i) of subsection (1), the words ", in such form
as may be prescribed,"; and
(b) by substituting paragraph (e) of subsection
(2) with the following:
"(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".
24. Amendment of section 44.
Section 44 of the principal Act is amended-
(a) by deleting the word "parcel" wherever it appears
in paragraphs (a) and (b) of subsection (3); and
(b) by inserting, immediately after subsection
(5), the following new subsection (5A):
"(5A) In subsection (5) "easement" includes a right or
obligation created by section 35.
25. Amendment of section 45.
Section 45 of the principal Act is amended-
(a) by substituting subsection (2) with the following:
"(2) The management corporation may invest any moneys
in the management fund, but only in such investments or in such manner as
may be approved at a general meeting.";
(b) by substituting paragraph (b) of subsection
(3) with the following:
(b) raise the amounts so determined by levying
contributions on the proprietors in proportion to the share units or provisional
share units of their respective parcels or provisional blocks; and"; and
(c) by inserting, immediately after subsection
(5), the following new subsection (5A):
"(5A) Any contribution levied under subsection (3) in
respect of a provisional block shall be due and payable on the passing of
a resolution to that effect by the management corporation and in accordance
with the terms of that resolution, and may be recovered as a debt from the
proprietor of the provisional block or, where the building to which the
provisional block relates has been subdivided, from the proprietors of the
parcels in the building, or their successors in title, in proportion to
the share units of their respective parcels.".
26. Amendment of section 47.
Section 47 of the principal Act is amended by deleting paragraph
(d) of subsection (1) and paragraph (d) of subsection (3).
27. Deletion of section 48.
The principal Act is amended by deleting section 48.
28. Amendment of section 50.
Section 50 of the principal Act is amended by deleting the
word "parcel" appearing immediately after the words "upon complaints by a"
in subsection (1).
29. Amendment of section 51.
Section 51 of the principal Act is amended by deleting the
word "parcel" appearing immediately after the words "the management corporation,
a" in subsection (1).
30. Amendment of section 52.
Section 52 of the principal Act is amended-
(a) by substituting the words "parcel proprietor"
in subsection (1) with the word "proprietors";
(b) by substituting the words "the share units
of his parcel bear to the aggregate share units of all parcels" in subsection
(1) with the words "the share units of his parcel or the provisional share
units of his provisional block bear to the aggregate share units";
(c) by deleting the word "parcel" wherever it appears
in subsection (2); and
(d) by deleting the word "parcel" in subsection
(3).
31. Amendment of section 53.
Section 53 of the principal Act is amended-
(a) by deleting the word "parcel" wherever it appears
in subsection (1);
(b) by inserting, immediately after the words "subsection
(5)" in subsection (1), the words " or (5A)";
(c) by deleting the word "parcel" in subsection
(2); and
(d) by inserting, at the end of subsection (2),
the words "or, in addition or as an alternative to recovery under this section,
resort to recovery under section 53A".
32. New section 53A.
The principal Act is amended by inserting, immediately after
section 53, the following new section 53A:
53A. Recovery of sums by attachment of movable property.
(1) In the like circumstances in which the management
corporation may, by virtue of subsection (2) of section 53, file a summons
for the recovery of a sum which becomes recoverable as mentioned in subsection
(1) of that section, the Land Administrator may, upon sworn application
in writing made by any member of the council of the management corporation,
issue a warrant of attachment in Form 7A authorising the attachment of any
movable property belonging to the defaulting proprietor which may be found
in the building or elsewhere in the State.
(2) The warrant shall be executed by a member of the council
of the management corporation or by a person specially employed by the council
to execute such warrants; and a person executing the warrant shall be deemed
to be a public servant for the purposes of the Penal Code.
(3) A person executing the warrant-
(a) may, in the daytime, effect forcible entry
into any house or building or any part thereof for the purpose of executing
the warrant; and
(b) shall, immediately after attachment, make
an inventory of the property attached under the warrant and serve a notice
in Form 7B on the person who, at the time of attachment, was or appeared
to be in possession of the property.
(4) If any person whose property is attached disputes
the legality of the attachment, he may, within fourteen days of the date
of attachment, apply to the Magistrate's Court having jurisdiction in the
place of attachment for an order for the release of the property, and the
Magistrate's Court, after making such enquiry as may be necessary, shall
grant or refuse to grant the order.
(5) If the sum due is not paid within fourteen days from
the date of attachment, the property attached or such portion thereof as
may be sufficient to realise the sum shall be sold by public auction, unless
within that period an application is made under subsection (4), in which
case the property shall be held pending the decision of the Magistrate's
Court and shall then be dealt with as the Magistrate's Court may order.
(6) If the Magistrate's Court refuses to grant an order
for the release of the property, and that decision of the Magistrate's Court
is reached within fourteen days from the date of attachment, the property
shall not be sold before the expiry of that period.
(7) Notwithstanding subsections (5) and (6), if the property
is of a perishable nature, it may be sold at once, and in that case the
proceeds of sale shall be held pending the decision of the Magistrate's
Court and shall then be dealt with as the Magistrate's Court may order.
(8) In any other case, the proceeds of sale shall be applied
in satisfaction of the sum due together with the costs of the attachment
and sale, and any surplus and any property not sold shall be paid or returned
to the person who, at the time of attachment, was or appeared to be in possession
of the property.
(9) The costs of attachment shall include the expenses
of the maintenance of livestock and the custody of movable property.
(10) In this section, unless the context otherwise requires,
"proprietor", in relation to the recovery of a sum recoverable by virtue
of subsection (5) or (5A) of section 45 from a parcel proprietor, includes
any successor in title to the parcel proprietor.
(11) Where any property is sold by virtue of subsection
(7) before the expiry of fourteen days from the date of attachment, the
reference in subsection (4) to an order for the release of the property
shall be construed as a reference to an order for the release of the proceeds
of the sale of the property.".
33. Amendment of section 55.
Section 55 of the principal Act is amended by deleting the
word "parcel" in subsection (1).
34. Amendment of section 57.
Section 57 of the principal Act is amended-
(a) by inserting, at the end of subsection (1),
the words "and of provisional blocks, if any";
(b) be deleting the word "parcel" appearing immediately
after the words "and the" in paragraph (a) of subsection (3) and
inserting, at the end of that paragraph, the words "and provisional blocks";
(c) by inserting, immediately after the words "share
units" in paragraph (e) of. subsection (4), the words "or provisional
share units"; and
(d) by inserting, at the end of the definition
of "former proprietor" in subsection (8), the words "or of a provisional
block on the land on which the building is situated".
35. Amendment of section 58.
Section 58 of the principal Act is amended by inserting,
immediately after subsection (2), the following new subsection (2A):
"(2A) No building erected in a provisional block shall
be classified under subsection (1) or (2) to be a low-cost building.".
36. New section.
The principal Act is amended by inserting, immediately
after section 61, the following new section 61A:
61A. Restrictions imposed on original proprietor during
period before management corporation comes into existence.
(1) Notwithstanding any other provisions of this Act,
the original proprietor shall not, during the period before the management
corporation comes into existence-
(a) use the lot concerned or any part thereof
as security for any loan of moneys; or
(b) enter into any maintenance or service contracts
for any periods extending beyond the date when the management corporation
comes into existence.
(2) If the original proprietor 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.
(3) Where any dealing in contravention of paragraph (a)
of subsection (1) has been registered, such registration shall not pass
any title or interest in the lot concerned or any part thereof, 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.".
37. Amendment of sections 64.
Section 64 of the principal Act is amended-
(a) by inserting, immediately after the words "original
proprietor," in subsection (1), the words "or upon the making of an order
under subsection (2) of section 64A by the Director,"; and
(b) by deleting subsection (2) and inserting, immediately
after subsection (1), the following new subsections (2) and (3):
"(2) Upon the coming into existence of the management
corporation as provided in subsection (1), the Registrar shall-
(a) having regard to subsections (3) and (3A)
of section 15, enter in the index in Form 2 the name of the management
corporation and the address for service of documents thereon;
(b) make on the register and issue documents
of title to the lot in question a memorial to the effect that the common
property is vested in the management corporation; and
(c) return the issue document of title to the
management corporation.
(3) No entry shall thereafter be made on either of the
documents of title except one affecting the common property."
38. New sections 64A.
The principal Act is amended by inserting, immediately after
section 64, the following new section 64A:
64A. Applications for establishment of management corporation.
(1) The proprietors, other than the original proprietor,
of parcels having share units totalling more than half of the total share
units of all the parcels may apply to the Director for an order that a management
corporation be established.
(2) Upon receiving the application, the Director, if satisfied
that the original proprietor has failed to discharge his duties or exercise
his powers under this Part satisfactorily, may order that a management corporation
be established.
(3) The Director shall cause copies of the order to be
furnished to any one of the applicants and the Registrar.
(4) Upon receiving a copy of the order, the Registrar
shall-
(a) file the copy of the order;
(b) enter a memorial in the index in Form 2 that
the management corporation is established pursuant to an order under this
section; and
(c) take action as specified in paragraphs (a),
(b) and (c) of subsection (2) of section 64.
(5) No entry shall thereafter be made on either of the
documents of title except one affecting the common property.".
39. New sections.
The principal Act is amended by inserting, immediately after
section 66, the following new section 66A:
66A. Breaches of provisions this part.
(1) If the original proprietor or the management corporation
commits a breach of any of the provisions of this Part or makes default
in complying with any requirements of, or duties imposed on it by, any of
the provisions of this Part, the original proprietor or, as the case may
be, the management corporation and every member of its council, and any
other parcel proprietor, who knowingly is a party to the breach or default
shall be guilty of an offence and shall be liable, on conviction, to a penalty
expressly prescribed for such breach or default, or if no penalty is so
prescribed, to a fine not exceeding two thousand ringgit.
(2) Where a requirement or duty is imposed on the original
proprietor or the management corporation by this Part, any person for whose
benefit or for the benefit of whose parcel that requirement or duty is imposed
on the original proprietor or the management corporation may apply to a
court of competent Jurisdiction for an order compelling the original proprietor
or, as the case may be, the management corporation to carry out that requirement
or perform that duty, as the case may be, and on such an application being
made, the court may make such order as it thinks proper.".
40. Deletion of sections 68, 71 and 72.
The principal Act is amended by deleting sections 68, 71
and 72.
41. Amendment of sections 81.
Section 76 of the principal Act is amended-
(a) by deleting the word "parcel" wherever it appears
immediately before the word proprietors" or "proprietor" in subsections
(1) and (2); and
(b) by inserting, immediately after the words ',share
units of the parcel" in subsection (2), the words "or the provisional share
units of the provisional block".
42. Amendment of sections 81.
Section 81 of the principal Act is amended by inserting,
immediately after subsection (2), the following new subsection (3):
"(3) Rules made under subsection (1) may prescribe a penalty
for any breach or contravention thereof of a fine not exceeding one thousand
ringgit.
43. New sections 84 and 85.
(1) The principal Act is amended by inserting, immediately
after section 83, the following new sections 84 and 85:
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 provisions 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.".
(2) The new section 85 shall be deemed to have come into
force at the commencement of this Act.
44. Amendment of First Schedule.
(1) The First Schedule to the principal Act is amended-
(a) by substituting Forms 1, 2, 3 and 4 with the
new Forms 1, 2, 3 and 4 in the Schedule to this Act;
(b) by inserting, immediately after Form 4, the
new Form 4A in that Schedule;
(c) by substituting Form 5 with the new Form 5
in that Schedule;
(d) by inserting, immediately after Form 7, the
new Forms 7A and 7B in that Schedule; and
(e) by inserting, at the end of paragraph 2 of
Form 8, the words "*/and of provisional blocks".
(2) The introduction of the new Forms 1 and 5 shall not
prejudice pending applications made before the commencement of this Act using
the existing Forms 1 and 5.
(3) Notwithstanding the introduction of the new Forms 2,
3 and 4, the existing Forms 2, 3 and 4 may continue to be used for a period
of six months after the commencement of this Act.
45. Amendment of Second Schedule.
The Second Schedule to the principal Act is amended-
(a) by inserting, immediately after the word "parcel"
in subparagraph (2) (b) of paragraph 7, the words "or a proprietor
of a provisional block";
(b) by substituting the full stop at the end of
the proviso to subparagraph (2) of paragraph 8 with a colon;
(c) by inserting, immediately after that proviso,
the following new proviso:
"And provided further that the holding of any annual general
meeting out of time in breach of this paragraph shall not affect the validity
of the annual general meeting.";
(d) by inserting, immediately before the words
"share units" in subparagraph (2) (a) of paragraph 9, the word "aggregate";
(e) by inserting, immediately after the words "share
units" in paragraph 15, the words "or provisional share units";
(f) by inserting, immediately after the word "parcel"
wherever it appears in paragraph 15, the words "or provisional block";
(g) by inserting, immediately after the word "parcel"
wherever it appears in subparagraph (3) of paragraph 16, the words "or provisional
block"; and
(h) by inserting, immediately before the words
"share units" in paragraph 18, the word "aggregate".
46. Amendment of Third Schedule.
The Third Schedule to the principal Act is amended-
(a) by inserting, immediately before the word "proprietor"
in the first line of by-law 2, the word "parcel";
(b) by deleting paragraph (d) of by-law
2;
(c) by renumbering the provisions of by-law 2,
as amended, as paragraph (1);
(d) by inserting, immediately after paragraph (1)
of by-law 2, the following new paragraph (2):
"(2) A proprietor shall use and enjoy the common property
in such a manner as not to interfere unreasonably with the use and enjoyment
thereof by other proprietors or their families or visitors.";
(e) by deleting the word "and" at the end of paragraph
(c) of by-law 5;
(f) by substituting the words "of the proprietor
or a registered chargee of his parcel" in paragraph (d) of by-law
5 with the words "of a proprietor or of a registered chargee of a parcel";
(g) by substituting the full stop at the end of
paragraph (d) of by-law 5 with a semicolon and inserting, immediately
after the semicolon, the word "and";
(h) by inserting, immediately after paragraph (d)
of by-law 5, the following new paragraph (e):
"(e) without delay enter in the strata roll any
intended change or any other dealing notified to it pursuant to subparagraph
(g) of paragraph (1) of by-law 2."; and
(i) by inserting, immediately before the word "proprietor"
in the first line of by-law 6 and in the marginal note thereto, the word
"parcel".
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