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STRATA TITLES ACT 1985
ACT 318
Date of Royal
Assent: 22 May 1985
Date of publication in the Gazette: 30 May 1985
Date of coming into force: 1 June 1985
Preamble
An Act to facilitate the subdivision of building into parcels and the
disposition of titles thereto and for purposes connected therewith.
[1st June, 1985]
WHEREAS it is desired to introduce in the form of a Strata Titles Act a
uniform legislation within the States of Johore, Kedah, Kelantan, Malacca,
Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Trengganu and the
Federal Territory of Kuala Lumpur;
AND WHEREAS it is now expedient for the purpose only of ensuring
uniformity of law and policy to make with respect to tenure of parcels in a
building, registration of titles relating to parcels in a building, transfer
of parcels in a building, leases and charges in respect of parcels in a
building, and easements and other rights and interests in parcels in a
building:
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 the Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
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;
[Ins. Act A1107]
"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 section 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;
[Am. Act A1107 - Prior
text read - ""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 Executive Committee;"]
"Director of Survey" means the Director of Survey and Mapping for the
State or the Federal Territory and includes a Deputy Director of Survey and
Mapping ;
[Am. Act A1107 - Prior
text read - ""Director of Survey" means the Director of Survey of the State
and includes a Deputy Director of Survey and, in the case of the Federal
Territory, the Director General of Survey;"]
"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 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;
[Ins. Act A951]
"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.
[Subs. Act A951]
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.
PART II
APPLICATION FOR SUBDIVISION OF A BUILDING
6. Buildings capable of being subdivided.
(1) Any building or buildings having two or more storeys on alienated
land held as one lot under final title (whether Registry or Land Office
title) shall be capable of being subdivided into parcels; and any building
or buildings having only one storey on the same land shall also be capable
of being subdivided, into parcels to be held under strata titles or into
accessory parcels.
[Am. Act A951]
(2) Notwithstanding subsection (1), the State Authority may, by rules,
published in the Gazette, prohibit the subdivision of buildings of
any class or description as may be specified in such rules.
7. Proprietor of alienated land may apply for subdivision of a building.
(1) The proprietor of any alienated land on which there is any building
which is capable of being subdivided under section 6, may subject to the
provisions of this Act, apply for the subdivision thereof to the Director.
(2) Notwithstanding subsection (1), the proprietor of any alienated land
held under qualified title which has been duly surveyed and in respect of
which a certified plan has been approved by the Director of Survey, may
apply to the Director for the subdivision of any building thereon.
(3) For the purposes of subsections (1) and (2), an application may be
made notwithstanding that the building has not yet been certified by the
local authority to be fit for occupation or use.
[Ins. Act A951]
8. Circumstances in which it is compulsory for a proprietor to apply for
subdivision of a building.
(1) The proprietor of any alienated land on which there is a completed
building capable of being subdivided under section 6 shall, within the
period specified in subsection (2), apply in accordance with section 10 for
the subdivision of the building if at any time he has sold or agreed to sell
any parcel in such building to any person.
(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.
(3) For the purpose of subsection (1) an application for the approval of
the Director to the subdivision of a building shall be treated as not being
in accordance with section 10 if the application is defective by reason of
any material non-compliance with any of the requirements of that section
pertaining to the application.
(4) The period specified in subsection (2) may, on application made
before its expiry be extended once by the Director by any further period not
exceeding three months.
(5) Where an application is not made within the period specified in
subsection (2) and in the case of subsection (4) within the period of such
extension, if any, applied for and granted in respect of a building, the
proprietor shall be guilty of an offence, and liable on conviction to a fine
of not less than ten thousand ringgit but not more than one hundred thousand
ringgit and to a further fine of not less than one hundred ringgit but not
more than one thousand ringgit for each day the offence continues to be
committed.
[Am. Act A1107 - Prior
text read - "(5) Where an application is not made within the period
specified in subsection (2) and in the case of subsection (4) within the
period of such extension, if any, applied for and granted in respect of a
building, the proprietor 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."]
(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.
9. Conditions for
approval.
(1) The Director shall not approve the subdivision of any building unless
the following conditions are satisfied:
(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) 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) that the subdivision would not contravene any restriction in
interest to which the land comprised in that lot is for the time being
subject;
(d) that the subdivision would not be contrary to the provisions
of any written law for the time being in force, and that any requirements
imposed with respect thereto by or under any such written law have been
complied with;
(e) that no item of land revenue is outstanding in respect of
the land;
(f) that consent in writing to the making of the application has
been obtained from every person who at the time when approval was applied
for, was entitled to the benefit of-
(i) (Deleted by Act A753);
(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 any such lease;
(g) that the proposed share units assigned to the parcels by the
proprietor of the lot in his application in Form 1 are equitable;
(h) that each of the proposed parcels has-
(i) adequate means of access not passing through another parcel; and
(ii) adequate means of internal communication not passing through the
common property;
(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;
[Am. Act A951]
(j) that the land on which the building or buildings stand is
not subject to any charge or lien.
[Am. Act A951]
(k) that, where the land is held under qualified title as
specified in subsection (2) of section 7, the final title to the land has
been registered;
[Ins. Act A951]
(l) that the building to be subdivided has been certified by the
local authority to be fit for occupation or use.
[Ins. Act A951]
(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.
10. Application for subdivision of building.
(1) Any application for the approval of the Director for the subdivision
of any building shall be made in writing in Form 1 to the Land Administrator
and shall be accompanied by-
(a) such fee as may be prescribed;
(aa) except in a case falling under subsection (6A), the
building plans approved by the planning authority, to be submitted in
triplicate;
(b) a proposed strata plan comprising a location plan, and a
storey plan in respect of each storey of each building, to be submitted in
triplicate containing such details as are specified in subsection (2) and
(3) respectively and certified by a land surveyor as follows:
(i) that he has made a comparison of the plans to the original plans
of the building and any approved amendments thereto 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
[Ins. Act A951]
(ii) in the case of a storey plan, that the boundaries of the parcels
shown thereon follow features of permanent construction appearing in the
building;
(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;
(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;
(cb) in a case where the land is held under qualified title as
specified in subsection (2) of section 7, the certified plan of the land
as approved by the Director of Survey, to be submitted in triplicate;
[Ins. Act A951]
(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;
(e) subject to subsection (7), the issue document of title of
the lot.
(2) Every location plan shall-
(a) specify the number of the lot, the title number of the land
comprised therein and the area thereof;
(b) delineate the boundaries and boundary marks of the lot and
the position of all buildings thereon, showing which of these buildings
are to be subdivided;
(c) include a vertical section of each such building showing-
(i) the floor and ceiling of each storey; and
(ii) the height of each storey;
(d) (Deleted by Act A753);
(e) contain such other details as may be prescribed.
(3) Every storey plan shall-
(a) specify the number of the lot and the title number of the
land comprised therein, and the building and numbered storey thereof to
which the plan relates;
(b) delineate, subject to the provisions of paragraphs (a)
and (b) of subsection (5), each proposed parcel and define the
boundaries thereof by reference to floors and walls showing the horizontal
dimensions, without it being necessary to show the bearing;
(c) indicate in respect of each such parcel the number by which
it is described in Form 1;
(d) specify the approximate floor area of each parcel;
(e) distinguish such parts as are not to be included in any of
the parcels but are to become part of common property;
(f) (Deleted by Act A753);
(g) contain such other details as may be prescribed.
(4) Every proposed strata plan shall show a legend of-
(a) all parcels;
(b) all common property; and
(c) all accessory parcels, and specify therein the parcels they
are made appurtenant to, irrespective of whether the accessory parcels are
contiguous to those specified parcels;
(d) (Deleted by Act A753).
(5) Where an accessory parcel-
(a) consists of a building or parts thereof and is bounded by
external walls, floors and ceilings, the dimensions and boundaries of such
accessory parcel shall be shown in the proposed strata plan in accordance
with the requirements of subsections (2) and (3);
(b) does not consist of a building or parts thereof-
(i) the external boundaries of the accessory parcel shall be
ascertained from the building plans approved by the planning authority,
and the accessory parcel shall be up to a reasonable height or to the
extent of any projection above or encroachment below ground level by
another part of the lot; and
(ii) the proposed strata plan shall show a diagram of the accessory
parcel with similar dimensions as those shown on the approved plans
mentioned in subparagraph (i).
(6) Every proposed strata plan shall-
(a) show the proposed share units in whole numbers of each
parcel and the total share units of all the parcels; and
(b) contain such other particulars as may be prescribed by rules
made under section 81.
(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) An application under subsection (1) may be submitted without the
issue document of title to the lot if that document is in the hands of any
person as chargee or lien-holder, and in any such case, the application
shall be accompanied by a copy of a request by the proprietor served on that
person for the production of the document at the Land Office within fourteen
days of the date thereof.
(8) Upon receipt of any application under subsection (1), the Land
Administrator shall endorse, or cause to be endorsed, a note of the making
thereof on the register document of title, and shall then-
[Subs. Act A951]
(a) refer the application to the Director of Survey;
(b) in the case where the land is held under qualified title as
specified in subsection (2) of section 7, take appropriate action in
respect of the conversion of the qualified title to final title; and
(c) in the case where the building to be subdivided has not yet
been certified to be fit for occupation or use, forthwith inform the
applicant to obtain the certificate of fitness for occupation from the
local authority within the time specified.
(9) The Director of Survey shall thereupon check the location and storey
plans and carry out or cause to be carried out such survey of the land, any
of the buildings thereon or any of the parcels as he may consider desirable,
and shall-
(a) advise the Land Administrator as to whether the plans are in
order;
(b) notify the Land Administrator of the amount of fees to be
collected upon approval of the application in respect of such survey; and
(c) notify the Land Administrator of the amount of fees to be
collected in respect of the plans caused to be prepared in the event of
the approval of the application.
(10) The Land Administrator shall thereupon if he is satisfied that the
application and the other documents presented therewith are in order,
transmit them to the Director together with his recommendations for approval
or rejection:
Provided that no application shall be so transmitted without the issue
document of the lot and accordingly in a case falling within subsection (7),
if that document is not duly produced at the Land Office, the Land
Administrator shall, if unable to secure its production, prepare or cause to
be prepared, title in continuation (or where appropriate, a duplicate issue
document of title only) under Chapter 3 of Part Ten of the National Land
Code as if the circumstances were as specified in paragraph (c) of
subsection (1) of section 166 of the Code:
And provided further that-
(a) where the land in held under qualified title, the final
title thereto has been registered by the registering authority; and
(b) where the building has not yet been certified fit for
occupation or use, the certificate has since obtained and has been
submitted by the applicant.
[Ins. Act A951]
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:
[Am. Act A951]
Provided that no building or buildings having only one storey shall be
included in the application for the issuance of a provisional strata title
or titles for the provisional block or blocks.
[Ins. Act A951]
(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.
11. Withdrawal
of applications.
An application under subsection (1) of section 10 shall not be capable of
being withdrawn except with the concurrence of the Director; and the
Director shall not give his concurrence unless he is satisfied that the
withdrawal is not, or will not be, detrimental to the interests of any
person who has purchased or agreed to purchase any parcel of the building in
question.
12. Powers of Director of lands and mines in relation to applications.
(1) On receiving any application made under section 10, the Director
shall-
(a) approve the subdivision if it appears to him that the
conditions specified in section 9 are satisfied; and
(b) in any other case, reject the application.
(2) Where he has approved any application for subdivision of building,
the Director shall-
(a) transmit to the Director of Survey the application and other
accompanying documents; and
(b) notify the Land Administrator of the approval and direct him
to collect from the proprietor, fees as notified by the Director of Survey
under subsection (9) of section 10 and fees for the preparation and
registration of strata titles.
(3) Where he has rejected any such application, the Director shall notify
the Land Administrator who shall forthwith inform the proprietor and shall
cancel or cause to be cancelled the note thereof endorsed on the register
document of title pursuant to subsection (8) of section 10.
13. Action by Director of Survey after approval of subdivision.
(1) Upon receipt of the approved application and the other documents
presented therewith and upon being informed by the Land Administrator that
the fees referred to in paragraph (b) of subsection (2) of section 12
have been duly paid, the Director of Survey shall-
(a) from the relevant location plan and storey plans, prepare or
cause to be prepared a certified strata plan complying with the
requirements of subsection (2), with such modifications as he may consider
necessary;
(b) file the certified strata plan in his office;
(c) prepare one copy of the certified strata plan for retention
by the Registrar;
(d) prepare additional copies of the certified strata plan, or
copies of the various folios thereof as mentioned in subsection (4), for
the purpose of attaching them to the issue documents of title to the
parcels which are to be created on the subdivisions; and
(e) transmit to the Director, the copies so prepared, together
with the approved application and other accompanying documents.
(2) The certified strata plan referred to in paragraph (a) of
subsection (1) shall be a plan delineating, on as many folios as may be
considered most suitable for the purpose, the storeys of the building or
buildings to be subdivided, and the parcels within each storey and every
folio shall contain also-
(a) a plan of the land, showing the position of every building
thereon;
[Am. Act A951]
(b) a vertical section of the building or buildings to be
subdivided, showing the position therein of the storey or storeys to which
it relates; and
[Am. Act A951]
(c) a schedule showing the approved share units of each parcel
and the total number of share units of all the parcels.
[Ins. Act A951]
(3) For the purposes of the preparation of any such certified strata
plan, the common boundary of any parcel of a building with any other parcel,
or with any part of the building which is not included in any of the
parcels, shall, except in so far as it may have been otherwise provided in
the relevant storey plans, be taken to be the centre of the floor, wall or
ceiling, as the case may be.
(4) The number of additional copies of the certified strata plan to be
prepared pursuant to paragraph (d) of subsection (1) shall be as
follows:
(a) where any such plan consists of one folio only, the number
of copies shall be equal to the number of parcels shown thereon; and
(b) where any such plan consists of two or more folios, the
number of copies of each folio to be so prepared shall be equal to the
number of parcels shown on that folio.
(5) For the purposes of this section, the certified strata plan in
respect of a provisional block shall contain a plan showing the position of
the provisional block and the vertical section of the block.
[Ins. Act A951]
14. Issue of strata titles to individual parcels.
Upon receiving from the Director of Survey the documents referred to in
paragraph (e) of subsection (1) of section 13, and upon being
informed by the Land Administrator that the fees for preparation and
registration of strata titles have been paid, the Director shall direct the
Registrar to open a book of the strata register in accordance with the
provisions of section 15 and prepare, register and issue strata titles in
accordance with the provisions of section 16.
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.
PART III
REGISTRATION OF STRATA TITLES
15. Preparation and maintenance of strata register.
(1) The Registrar shall prepare and maintain for the purposes of this Act
a register of strata titles to be known as the strata register.
(2) The strata register shall consist of a series of books, each relating
to one lot, and every such book shall contain-
(a) an index in Form 2 to the individual parcels and, if any,
appurtenant accessory parcels and to the individual provisional block, if
any, comprised in the lot;
(b) a statement in Form 3 which subject to subsection (4),
(5) and (6) shall-
[Am. Act A1107 - Prior
text read - "(b) a statement in Form 3 which subject to subsection (4)
shall_"]
(i) set out, or where appropriate summarise so far as they relate to
matters capable of affecting any of those parcels or provisional blocks,
all memorials, endorsements and other entries which appeared on the
register document of title to the lot at the time the statement was
authenticated by the Registrar; or
(ii) confirm that there were no such entries;
(c) a copy of the certified strata plan prepared under paragraph
(a) of subsection (1) of section 13; and
(d) the register document of title to each parcel and each
provisional block.
(3) The name of the management corporation, and the address for the
service of documents thereon, required to be stated in the index in Form 2
shall be supplied to the Registrar by the proprietor of the lot.
(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.
(4) For the purposes of the statement in Form 3, no account shall be
taken of any lease or tenancy relating to a part of the building which
corresponds precisely with, or is included within one of the parcels created
on the subdivision, or of any charge of, or lien over, such a lease; but any
such lease, tenancy or charge shall be endorsed on the register document of
title to the parcel in question.
(5) The Registrar shall, in the case of private caveats or Registrar_s
caveats appearing on the register document of title to the lot, if satisfied
that such caveats affect only particular parcels created on the subdivision,
endorse such caveats on the register documents of title to the parcels in
question.
[Ins. Act A1107]
(6) Where the Registrar is unable to ascertain to his satisfaction the
caveats which affect the particular parcels, he may, instead of setting out
or summarising them, endorse a statement in Form 3 to the effect that the
lot is so subject to the caveats entered on the register document of title
to the lot:
Provided that the Registrar may at any time thereafter, if it can be
ascertained to his satisfaction that such caveats relate to particular
parcels, endorse such caveats on the register documents of title to the
parcels in question.
[Ins. Act A1107]
16. Documents of
strata title.
(1) The Registrar shall prepare documents of strata title in respect of-
(a) a parcel; and
(b) a provisional block, if any.
(2) The documents of strata title to be prepared by the Registrar in
respect of any parcel or provisional block under subsection (1) shall
consist of-
(a) a register document of title in Form 4 in respect of a
parcel and in Form 4A in respect of a provisional block;
(b) an issue document of title, consisting of a copy of the
register document to which shall be attached-
(i) the copy of the certified strata plan or of the relevant folio of
that plan prepared under paragraph (d) of subsection (1) of
section 13; and
(ii) where appropriate, a copy of the statement in Form 3:
Provided that, in the case of a parcel created on the division or
amalgamation of any existing parcels, the plan to be attached to the issue
documents of title shall be such as may be prepared in accordance with
Part V of this Act.
(3) Every document of strata title shall be prepared in the name of the
person last registered as proprietor of the lot in question, or where it
relates to a parcel created as mentioned in the proviso to subsection (2) in
the name of the person last registered as proprietor of the existing parcel
or parcels.
(4) (Deleted by Act A753)
(5) The registration of the register documents of strata title shall
consist of their authentication under the hand and seal of the Registrar;
and the date of registration shall be inscribed by him on every document.
(6) The provisions of sections 89 to 91 of the National Land Code shall
apply to documents of strata titles as they apply to documents of final
title:
Provided that where any parcel is subject to a charge or lien, nothing in
section 90 of the National Land Code shall be taken to authorise the issue
of the document of title thereto to the proprietor of the parcel.
17. Effect of opening of book of strata register.
(1) On authenticating the statement in Form 3 required to be contained in
any book of the strata register, the Registrar shall make on the register
and issue documents of title to the lot in question a memorial to the effect
that the book has been opened, and that the common property is vested in the
management corporation and shall return the issue document to that
corporation.
(2) No entry shall thereafter be made on either of the documents of title
except one affecting the common property.
(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).
18. Share units of
parcels.
Every parcel shall have a share value as approved by the Director and
expressed in whole numbers to be known as share units.
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.
PART IV
PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING
20. Application for strata titles upon completion of building.
(1) The proprietor of a provisional strata title shall, as soon as a
building in respect of that title has been completed and certified by the
public or local authority to be fit for occupation or use, but in any case
within six months from the date the building is so certified, make an
application for the approval of the Director for the issue of separate
strata titles to the parcels in the completed building.
(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.
(2) The application shall be made in writing in Form 5 to the Land
Administrator and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a certificate of an architect registered under the
Architects Act, 1967 or of a professional engineer registered under the
Registration of Engineers Act, 1967 that the provisional block has been
completed in accordance with the approved building plan, and any approved
amendments thereto;
(ba) a copy of the approved building plan and approved
amendments thereto referred to in paragraph (b);
(c) a storey plan in triplicate in respect of each storey of the
completed building, duly certified by a land surveyor as required under
paragraph (b) of subsection (1) of section 10 and containing such
details as are specified in subsection (3) of that section;
(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;
(d) a certificate issued by a public or local authority stating
that the building is fit for occupation or use;
(e) a statement showing the proposed allocation of the
provisional share units among the new parcels; and
(f) the issue document of provisional strata title.
(3) Upon receipt of the application, the Land Administrator shall-
(a) endorse or cause to be endorsed a note of the making of the
application on the register document of title of the provisional block;
and
(b) refer the application to the Director of Survey and transmit
to him a copy of the plan submitted under subsection (2).
(4) The Director of Survey, upon receiving the copy of the plan
transmitted by the Land Administrator shall check the said plan and carry
out or cause to be carried out such survey of the building or parcels as he
may consider desirable, and shall-
(a) advise the Land Administrator as to whether the plans are in
order;
(b) notify the Land Administrator of the amount of fees to be
collected upon approval of the application in respect of such survey; and
(c) notify the Land Administrator of the amount of fees to be
collected in respect of the plans caused to be prepared in the event of
the approval of the application.
(5) Upon receiving the advice of the Director of Survey, the Land
Administrator shall transmit to the Director, the application and its
accompanying documents together with his recommendations.
21. Power of Director of Lands and Mines in relation to application.
(1) The Director shall, upon being satisfied that-
(a) the building has been completed in accordance with the
approved building plan and any approved amendments thereto;
(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;
(b) the proposed allocation of share units among the new parcels is
equitable;
(c) there is adequate means of access to each parcel not passing
through another parcel; and
(d) there is adequate means of internal communication not
passing through the common property,
approve the application.
(2) Where he has approved any application, the Director shall-
(a) transmit to the Director of Survey the application and other
accompanying documents; and
(b) notify the Land Administrator of the approval and direct him
to collect from the proprietor, fees as notified by the Director of Survey
under subsection (4) of section 20 and fees for the preparation and
registration of strata titles.
22. Action by Director of Survey after approval.
Upon receipt of the application and the accompanying documents from the
Director and upon being informed by the Land Administrator that the survey
fees referred to in paragraph (b) of subsection (2) of section 21
have been duly paid, the Director of Survey shall take action as specified
in section 13 in respect of-
(a) the preparation of a new certified strata plan incorporating
the changes made to the original certified strata plan by the storey plan
referred to in paragraph (c) of subsection (2) of section 20, for
filing in his office in place of the original certified strata plan; and
(b) the preparation of a copy of the new certified strata plan
for retention by the Registrar and additional copies thereof for attaching
to the issue documents of title of the new parcels,
and shall transmit them to the Director the copies so prepared, together
with the application and other accompanying documents.
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.
23. Modification of strata register, issue of fresh documents of titles and
cancellation of provisional document of title.
(1) Upon receiving from the Director of Survey the copies of the new
certified strata plan and the other accompanying documents and upon being
informed by the Land Administrator that the fees for preparation and
registration of strata titles have been paid, the Director shall direct the
Registrar to take action as specified in subsection (2).
(2) On being directed by the Director, the Registrar shall-
(a) replace the copy of the original certified strata plan in
the relevant book of the strata register with the copy of the new
certified strata plan prepared for his retention;
(b) amend the schedule of share units of the parcels and make
such other alterations in the relevant book of the strata register as are
necessary to take account of the changes as a result of the completion of
the building;
(c) prepare, register and issue in accordance with the
provisions of section 16, strata titles in respect of the new parcels;
(d) endorse on the register document of title in respect of the
former provisional block a statement to the effect that strata titles
(specifying the title numbers thereof) have been issued to the new parcels
in the completed building; and
(e) destroy the issue document of provisional strata title.
PART V
SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS
24. Interpretation.
In this Part, unless the context otherwise requires, the words-
"affected" , in relation to a parcel, means affected or intended to be
affected by a division or amalgamation;
"amalgamation" means an amalgamation of parcels;
"application" means an application to divide or amalgamate parcels;
"division" means a division of a parcel;
"new", in relation to a parcel, means resulting or intended to result
from a division or amalgamation.
25. Power to divide and amalgamate parcels.
(1) A parcel proprietor may, with the approval of the Director-
(a) divide his parcel into two or more new parcels, each to be
held by him under a separate strata title; or
(b) where he holds two or more contiguous parcels, amalgamate
them to form one parcel to be held by him under a single strata title.
(2) For the purposes of paragraph (b) of subsection (1) any two or
more parcels shall be taken to be contiguous if each of them shares at least
one boundary, including a boundary which consists of a floor or ceiling,
with another of them.
(3) Where the division of a parcel or the amalgamation of two or more
parcels results in the creation of any additional or new common property,
the proprietor shall obtain the written consent of the management
corporation before making the application under section 28 for the approval
of the Director.
[Ins. Act A1107]
26. Effect of division or amalgamation.
(1) On a division, the number of share units of each parcel shall be a
whole number allotted by the proprietor of the divided parcel as approved by
the Director:
Provided that the total number of share units of all the new parcels
shall be equal to the number of share units of the divided parcel.
(2) On an amalgamation, the number of share units of the new parcel shall
be a number equal to the total number of share units of the amalgamated
parcels.
(3) Subject to subsections (1) and (2), Part VII shall apply in relation
to a new parcel in a subdivided building as if the new parcel were one of
the parcels which came into existence when the building was subdivided.
27. Conditions for approval of division or amalgamation.
The Director shall not approve a division or amalgamation unless the
following conditions are satisfied:
(a) that the proposed division or amalgamation would not
contravene any restriction in interest to which any of the affected
parcels is subject;
(b) that the proposed division or amalgamation would not be
contrary to the provisions of any written law for the time being in force,
and that any requirements imposed with respect to the division or
amalgamation by or under any such law have been complied with;
(c) that no item of land revenue is outstanding in respect of
any affected parcel;
(d) that consent in writing to the making of the application has
been obtained from every person who at the time when the approval was
applied for, was entitled to the benefit of-
(i) a charge of an affected parcel;
(ii) a lease of an affected parcel or any part thereof, other than,
in the case of a division, a part corresponding precisely with or
included within one of the new parcels;
(iii) a charge of such a lease; or
(iv) a lien over an affected parcel or such a lease;
(da) that, where the division or amalgamation results in the
creation of additional common property or new common property, the written
consent of the management corporation to the making of the application has
been obtained;
[Ins. Act A1107]
(e) that where an amalgamation is proposed, each new parcel will
have adequate internal means of communication not passing through common
property;
[Am. Act A1107]
(f) that, where a division is proposed, each new parcel will
have adequate means of access not passing through another parcel;
[Am. Act A1107]
(g) that the proposed share units assigned to the new parcels by
the proprietor in his application in Form 6 are equitable.
[Ins. Act A1107]
28. Application
for approval.
(1) Any application for the approval of the Director to a division or an
amalgamation shall be made in writing in Form 6 or 7, as the case may be, to
the Land Administrator and shall be accompanied by-
(a) such fee as may be prescribed;
(b) a plan in triplicate, duly certified by a land surveyor and
showing all the details of the division or amalgamation;
(c) a statement from the applicant of the number of share units
of the new parcel or parcels;
(d) all such written consents to the making of the application
as are required under paragraph (d) of section 27;
[Am. Act A1107]
(da) the written consent of the management corporation to the
making of the application as required under paragraph (da) of section 27;
and
[Ins. Act A1107]
(e) the issue documents of title of the affected parcel or
parcels;
(2) Upon receiving any application, the Land Administrator shall-
(a) endorse or cause to be endorsed a note of the making of the
application on the register document of title to each affected parcel; and
(b) refer the application to the Director of Survey and transmit
to him a copy of the plan submitted under subsection (1).
29. Action by
Director of Survey.
The Director of Survey shall, upon receiving a copy of the plan
transmitted by the Land Administrator, check the said plan and carry out or
cause to be carried out such survey of the affected parcel or parcels as he
may consider desirable and advise the Land Administrator as to whether the
plans are in order and notify him of the amount of fees to be collected upon
approval in respect of such survey and for the preparation of plans
30. Land Administrator to transmit application to Director of Lands and
Mines.
Upon receiving the advice of the Director of Survey, the Land
Administrator shall transmit to the Director, the application and its
accompanying documents together with his recommendations.
31. Power of Director of Lands and Mines in relation to application for
division or amalgamation.
(1) The Director, upon receiving the application and its accompanying
documents from the Land Administrator, shall-
(a) approve the division or amalgamation to which the plan
relates if it appears to him that the conditions specified in section 27
are satisfied; and
(b) in any other case, reject the application.
(2) Where the Director has rejected an application, he shall notify the
Land Administrator who shall forthwith inform the proprietor and shall
cancel or cause to be cancelled the note thereof endorsed on the register
document of title under subsection (2) of section 28.
(3) Where the Director has approved a division or an amalgamation, he
shall-
(a) transmit to the Director of Survey the application and other
accompanying documents; and
(b) notify the Land Administrator of the approval and direct him
to collect from the proprietor, fees as notified by the Director of Survey
under section 29, and fees for the preparation and registration of strata
titles.
32. Preparation of new certified strata plan by Director of Survey.
The Director of Survey shall, upon receiving the approved application and
other accompanying documents, and upon being informed by the Land
Administrator that the amount demanded in respect of his fees has been duly
paid, take such action as specified in section 13 in respect of-
(a) preparation of a new certified strata plan incorporating the
changes made by the division or amalgamation, for filing in his office in
place of the original certified strata plan; and
(b) preparation of a copy of the new certified strata plan for
retention by the Registrar and additional copies thereof for attaching to
the issue documents of title,
and shall transmit to the Director, the copies so prepared, together with
the application and other accompanying documents.
33. Modification of strata register and issue of fresh documents of title.
(1) Upon receiving from the Director of Survey the copies of the new
certified strata plan and other accompanying documents, and upon being
informed by the Land Administrator that the fees in respect of the
preparation and registration of strata title to the new parcel or parcels
have been duly paid, the Director shall direct the Registrar to take action
as specified in subsection (2).
(2) On being directed by the Director, the Registrar shall-
(a) replace the copy of the original certified strata plan in
the relevant book of the strata register with the copy of the new
certified strata plan prepared for his retention;
(b) amend the schedule of share units of the parcels and make
such other alterations in the relevant book of the strata register as are
necessary to take account of the changes made by the division or
amalgamation; and
(c) issue title in continuation to the new parcel or parcels as
if he were issuing title in continuation to land subdivided or amalgamated
under Chapter 1 or 3 of Part Nine of the National Land Code
33A. Effect of registration in respect of common property created upon
division or amalgamation.
Upon the registration of the strata title or titles to the new parcel or
parcels upon the division or amalgamation, the parts of any parcel which are
created as common property shall be deemed to form part of the common
property in relation to all the parcels comprised within the subdivided
building.
[Ins. Act A1107]
PART VI
RIGHTS
AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS
34. Rights of proprietor in his parcel and common property.
(1) Subject to this section and other provisions of this Act, a
proprietor shall have-
(a) in relation to his parcel (in the case of a parcel
proprietor) the powers conferred by the National Land Code on a proprietor
in relation to his land; and
(b) in relation to the common property, the right of user which
he would have if he and the other proprietors were co-proprietors thereof.
(2) No rights in an accessory parcel shall be dealt with or disposed of
independently of the parcel to which such accessory parcel has been made
appurtenant.
(3) No rights in the common property shall be disposed of by a proprietor
except as rights appurtenant to a parcel; and any disposition of a parcel by
a proprietor shall without express reference include a like disposition of
the rights in the common property which are appurtenant to the parcel.
35. Rights of support, service and shelter.
(1) In favour of and against each parcel proprietor there shall be
implied a right of support and a right of service.
(2) Each parcel proprietor shall be entitled to have his parcel sheltered
by all such parts of the subdivided building as are capable of affording
shelter and may, for the purpose of replacing, renewing or restoring any
such shelter, enter upon the common property or any other parcel.
(3) The rights and obligations mentioned in subsections (1) and (2) shall
be effective without memorial or notification in the strata register, and
there shall be implied in respect of them such ancillary rights and
obligations as are reasonably necessary to make them effective.
(4) In this section-
"right of support" means a right to subjacent and lateral support by the
common property and by every other parcel capable of affording support;
"right of service" means rights to the passage or provision of water,
sewage, drainage, gas, electricity, garbage, artificially cooled or heated
air and other services (including telephone, radio and television services)
through or by means of pipes, wires, cables or ducts.
36. Share unit
entitlements.
The value of each parcel, except in the case of an accessory parcel where
no share value shall be allotted, shown in the schedule of share units shall
be taken as the share unit entitlement, and in the case of a provisional
block the value shall be taken as the provisional share unit entitlement.
The share units of a parcel or the provisional share units in the case of a
provisional block as specified in the strata title or in the provisional
strata title, as the case may be, shall determine-
(a) the voting rights of the proprietors;
(b) the quantum of the undivided share of each proprietor in the
common property; and
(c) the proportion payable by each proprietor of the
contribution levied by the management corporation pursuant to section 45,
63 or 66.
37. Restrictions on voting rights.
(1) Where a parcel proprietor is for any reason, unable to control his
property, the powers of voting conferred on him by the Second Schedule shall
be exercisable by the person who is for the time being authorised by law to
control that property.
(2) Where a parcel proprietor's interest is subject to a registered
charge, the powers of voting conferred on him by the Second Schedule shall,
unless it is otherwise agreed between him and the chargee first entitled in
priority, be exercisable by that chargee either personally or by proxy.
38. Power of court where no person is able to vote in respect of a parcel.
Where a court of competent jurisdiction on the application of the
management corporation or a proprietor, is satisfied that there is no person
who is able to vote in respect of a parcel, the court-
(a) shall, in cases where a unanimous resolution is required;
and
(b) may, in any other case,
appoint a Public Trustee or some other fit and proper person to exercise
such of the powers of voting attached to the parcel by the Second Schedule,
as the court may determine.
PART VII
MANAGEMENT OF A SUBDIVIDED BUILDING
39. Establishment of management corporation.
(1) Upon the opening of a book of the strata register in respect of a
subdivided building there shall, by the operation of this section, come into
existence a management corporation consisting of all the parcel proprietors
including in the case of phased development, the proprietor of the
provisional block or blocks.
(2) The management corporation established by subsection (1) shall be
known by the name appearing in the book of the strata register relating to a
subdivided building, and shall be a body corporate having perpetual
succession and a common seal.
(2A) The management corporation may apply to the Registrar for a
certificate certifying that the management corporation is a body corporate
constituted under this Act on the day specified in the certificate.
[Ins. Act A1107]
(3) The management corporation may sue and be sued.
(4) The management corporation shall elect a council which, subject to
any restriction imposed or direction given by the management corporation at
a general meeting, shall perform the management corporation's duties and
conduct the management corporation's business on its behalf, and may for
that purpose exercise any of the management corporation's powers.
(5) The provisions of the Second Schedule shall have effect in relation
to the management corporation and its council.
40. Restrictions imposed on management corporation during initial period.
(1) Notwithstanding any other provisions of this Act, the management
corporation shall not, during the initial period-
(a) amend, add to or repeal its by-laws in such a manner that a
right is conferred or an obligation is imposed on one or more but not all,
proprietors or in respect of one or more, but not all, or provisional
blocks;
(b) borrow moneys or give securities; or
(c) enter into any maintenance or service contracts for any
periods extending beyond the expiration of the initial period.
(2) Without prejudice to any other remedy available against the original
proprietor, if a management corporation 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.
41. Duty of original proprietor to convene first annual general meeting.
(1) It shall be the duty of the original proprietor to convene the first
annual general meeting of the management corporation within one month after
the expiration of the initial period.
(2) If the original proprietor fails to comply with subsection (1), he
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding one thousand ringgit.
(3) Without prejudice to the provisions of subsections (1) and (2), if
the original proprietor fails to convene the first annual general meeting
within the specified period, the Director may, on application by the
management corporation, a proprietor or chargee of a parcel, appoint a
person to convene the first annual general meeting of the management
corporation within such time as may be specified by the Director.
(4) The original proprietor shall give a written notice of the first
annual general meeting to all parcel proprietors constituting the management
corporation not less than fourteen days before the meeting.
(5) The agenda for the first annual general meeting shall include the
following matters:
(a) to decide whether to confirm, vary or extend insurances
effected by the management corporation;
(b) to decide whether to confirm or vary any amounts determined
as contributions to the management fund;
(ba) to determine the portion of contribution to the management
fund to be paid into the special account to be maintained under section
46;
[Ins. Act A1107]
(c) to determine the number of members of the council and to
elect the council where there are more than three proprietors; and
(d) to decide whether to amend, add to or repeal the bylaws in
force immediately before the holding of the meeting.
41A. Contributions by parcel proprietors.
Where the first annual general meeting of a management corporation in
respect of a subdivided building has not yet been convened, the proprietor
of each of the parcels or provisional blocks, if any, in the subdivided
building shall, commencing from the opening of the book of the strata
register in respect of the subdivided building, pay to the management
corporation any such sum which has been approved by the Director as the
amount payable for the maintenance of the subdivided building and the common
property and such sum shall be deemed to be the amount determined by the
management corporation as the contributions payable by the proprietors to
the management fund of the management corporation.
[Ins. Act A1107]
42. Ownership of common property and custody of issue document of title.
(1) The management corporation shall, on coming into existence, become
the proprietor of the common property and be the custodian of the issue
document of title of the lot.
(2) The management corporation shall have in relation to the common
property the powers conferred by the National Land Code on a proprietor in
relation to his land:
Provided that-
(i) except where it is specifically provided otherwise in this Act,
those powers may be exercised only on the authority of a unanimous
resolution; and
(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.
43. Duties and powers of management corporation.
(1) The duties of the management corporation include the following:
(a) to manage and properly maintain the common property and keep
it in a state of good and serviceable repair;
(b) to insure and keep insured the subdivided building to the
replacement value thereof against fire and such other risks as may be
prescribed under this Act;
(c) to effect such other insurance of the subdivided building as
may be required by law;
(d) to insure against such other risks as the proprietors may by
special resolution direct;
(e) to apply insurance moneys received by it in respect of
damage to the subdivided building in rebuilding and reinstating it in so
far as it may be lawful to do so, subject to any order made by the court
under section 56;
(f) to pay premiums on any insurance effected by it;
(g) to comply with any notices or orders given or made by any
competent public or statutory authorities requiring the abatement of any
nuisance on the common property, or ordering repairs or other work to be
done in respect of the common property or any building or other
improvements on the lot;
(h) to comply with any such notices or orders as are referred to
in paragraph (g) given or made in respect of any of the parcels, if
the proprietor fails to do so within a reasonable time;
(i) to prepare and maintain, in such form as may be prescribed,
a strata roll for the subdivided building; and
(j) to pay the rent of the lot.
(2) The powers of the management corporation shall include the following:
(a) to recover from any parcel proprietor any sum expended by
the management corporation in respect of that proprietor's parcel in
complying with any such notices or orders as are referred to in paragraph
(h) of subsection (1);
(b) to purchase, hire or otherwise acquire movable property for
use by the parcel proprietors in connection with their enjoyment of the
common property;
(c) to borrow moneys required by it in the exercise of its
powers or the performance of its duties;
(d) to secure the repayment of moneys borrowed by it and the
payment of interest thereon by negotiable instrument or by a charge of
unpaid contributions to the management fund, (whether already levied or
not) by a charge of any property vested in it or by a combination of any
of those means;
(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
(f) to do all things reasonably necessary for the performance of
its duties under this Part and for the enforcement of the by-laws set out
in the Third Schedule.
(3) The management corporation shall be deemed-
(a) for the purposes of effecting any insurance under paragraph
(b) or (c) of subsection (1), to have an insurable interest
in the subdivided building equal to its replacement value; and
(b) for the purposes of effecting any insurance under paragraph
(d) of subsection (1), to have an insurable interest in the subject
matter of the insurance.
(4) A policy of insurance taken out by the management corporation under
this section in respect of the subdivided building shall not be liable to be
brought into contribution with any other policy of insurance, except another
policy taken out under this section in respect of the same subdivided
building.
(5) Where the management corporation performs any repairs, work or act
that is required or authorised by or under this Part or by or under any
other written law to perform (whether or not the repairs, work or act were
or was performed consequent upon the service on it by any Government or
statutory authority of any notice or order), but the repairs, work or act
were or was wholly or substantially the liability or the responsibility of
the proprietor of a parcel only, or wholly or substantially for the benefit
of some of the parcels only, any money expended by the management
corporation in performing the repairs, work or act shall-
(a) in the case where the repairs, work or act were or was
wholly or substantially the liability or the responsibility of the
proprietor of a parcel only, be recoverable by the management corporation
in an action in a court of competent jurisdiction as a debt due to it
jointly and severally from-
(i) the relevant proprietor of the parcel at the time when the repairs,
work or act were or was performed; and
(ii) the relevant proprietor of the parcel at the time when the action
was commenced; or
(b) in the case where the repairs, work or act were or was
wholly or substantially for the benefit of some of the parcels only, or
wholly or substantially the liability or the responsibility of the
proprietors of some of the parcels only, be recoverable by the management
corporation in an action in a court of competent jurisdiction as a debt
due to it jointly and severally from-
(i) the relevant proprietor of each of such parcels at the time when
the repairs, work or act were or was performed; and
(ii) the relevant proprietor of each of such parcels at the time when
the action was commenced,
the amount payable by any proprietor and former proprietor in respect of
any parcel being not more than the proportion of the debt which the share
unit of the parcel then bears to the total share units of all those parcels.
(6) A proprietor of a parcel who is not the proprietor of the parcel at
the time when the repairs, work or act referred to in subsection (5) were or
was performed shall not be liable to pay the management corporation any
amount due under that subsection if he has, at any time on or within
twenty-one days before the date he acquired the title or interest in the
parcel, made a requisition in writing to the management corporation to
inquire about the amount (if any) recoverable by the management corporation
under that subsection in respect of the parcel and the management
corporation has-
(a) certified that no amount is recoverable by the management
corporation in respect of the parcel; or
(b) not given a reply to the requisition at any time within
fourteen days of the date of the service of the requisition.
(7) Where the management corporation incurs any expenditure or performs
any repairs, work or act that it is required or authorised by or under this
Part or by or under any other written law to perform (whether or not the
expenditure was incurred or the repairs, work or act were or was performed
consequent upon the service on it by any Government or statutory authority
of any notice or order) and the expenditure or the repairs, work or act were
or was rendered necessary by reason of any wilful or negligent act or
omission on the part of, or breach of any provision of its by-laws by, any
person or his tenant, lessee, licensee or invitee, the amount of that
expenditure of any money expended by it in performing the repairs, work or
act shall be recoverable by it from that person as a debt in an action in
any court of competent jurisdiction.
(8) The generality of this section shall not be prejudiced by any other
provision in this Part conferring a power or imposing a duty on the
management corporation.
44. By-laws for the regulation of a subdivided building.
(1) The by-laws set out in the Third Schedule shall, as and from the
opening of a book of the strata register be in force for all purposes in
relation to every subdivided building and shall not be amended by the
management corporation.
(2) The management corporation may by special resolution make additional
by-laws, or make amendments to such additional by-laws, not inconsistent
with the by-laws set out in the Third Schedule, for regulating the control,
management, administration, use and enjoyment of the subdivided building.
(3) The by-laws for the time being in force in respect of the subdivided
building shall bind the management corporation and the proprietors to the
same extent as if they constituted properly executed agreements-
(a) on the part of the management corporation with each
proprietor; and
(b) on the part of each proprietor with every other proprietor
and with the management corporation,
to observe and perform all the provisions of the by-laws.
(4) The management corporation shall-
(a) keep a record of the by-laws in force from time to time;
(b) on receipt of an application in writing made by a proprietor
or by a person duly authorised to apply on behalf of a proprietor for a
copy of the by-laws in force, supply to such proprietor or duly authorised
person at a reasonable cost a copy of the by-laws; and
(c) on the application of any person who satisfies the
management corporation that he has a proper interest in so applying, make
such by-laws available for inspection.
(5) No by-law is capable of operating-
(a) to prohibit or restrict the transmission, transfer, lease or
charge of, or any other dealing with any parcel of a subdivided building;
and
(b) to destroy or modify any easement expressly or impliedly
created by or under this Act.
(5A) In subsection (5) "easement" includes a right or obligation created
by section 35.
(6) A copy of any by-laws made by the management corporation under
subsection (2) and any amendment of any by-laws for the time being in force,
certified as a true copy under the seal of the management corporation, shall
be lodged by the management corporation with the Director within thirty days
of the passing of the resolution by the management corporation approving the
by-laws.
[Am. Act A1107 - Prior
text read - "(6) A copy of any by-laws made by the management corporation
under subsection (4) and any amendment of any by-laws for the time being in
force, certified as a true copy under the seal of the management
corporation, shall be lodged by the management corporation with the Director
within thirty days of the passing of the resolution by the management
corporation approving the by-laws."]
(7) The management corporation or any proprietor shall be entitled to
apply to a court of competent jurisdiction-
(a) for an order to enforce the performance of, or restrain the
breach of, any by-laws by; or
(b) to recover damages for any loss or injury to any persons or
properties arising out of the breach of any by-law from,
any persons bound to comply therewith, the management corporation or the
administrator, and the court may make such order against any such persons,
the management corporation or the members of its council, or the
administrator, as the court thinks fit.
45. Management fund.
(1) The management corporation shall establish a management fund
sufficient in the opinion of the management corporation to meet the
administrative expenses as may be incurred for the purposes of controlling,
managing and administering the common property, paying rent, rates and
premiums of insurance and discharging any other obligation of the management
corporation.
(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.
(3) Subject to section 41A, for the purpose of establishing and
maintaining the management fund the management corporation may at a general
meeting-
[Am. Act A1107 - Prior
text read - "(3) For the purpose of establishing and maintaining the
management fund the management corporation may at a general meeting_"]
(a) determine from time to time the amount to be raised for the
purposes mentioned in subsection (1);
(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
(c) determine the amount of interest payable by a proprietor in
respect of late contributions which shall not exceed the rate of ten per
cent per annum.
(4) On application by or on behalf of a person who is a proprietor of a
parcel, or by or on behalf of a prospective purchaser of a parcel that is
offered for sale, or by or on behalf of the chargee or prospective chargee
of a parcel, the management corporation shall issue to that person a
certificate certifying-
(a) the amount determined, pursuant to subsection (3), as the
contributions of that proprietor;
(b) the time and manner of payment of the amount determined by
it pursuant to that subsection;
(c) the extent, if any, to which the contribution has been paid;
(d) the amount (if any) then recoverable by the management
corporation in respect of the parcel pursuant to subsection (5) of section
43;
(e) the sum standing to the credit of the management fund and
the amount out of that fund committed or reserved for any expenses already
incurred by the management corporation; and
(f) whether or not the management corporation has incurred any
expenditure or is about to perform any repairs, work or act in respect of
which a liability is likely to be incurred by the proprietor of the parcel
under any provision of this Part and, if so, the estimated amount of the
expenditure or the general nature of the repairs, work or act, and as
against the management corporation and in favour of any person (including
the member) relying in good faith on such certificate, that certificate
shall be conclusive evidence of the matters certified therein.
(5) Any contribution levied under subsection (3) in respect of a parcel
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 a proprietor of, or his
successor in title to, the parcel.
(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.
(6) For the purposes of subsection (5) the word "proprietor" shall
include the person for the time being receiving the rent of the parcel,
whether as agent or trustee or as receiver, and who would receive the same
if the parcel were let to a tenant.
46. Special account.
The management corporation shall maintain a special account in which
shall be paid such portion of the contribution to the management fund as may
be from time to time determined under paragraph (ba) of subsection
(5) of section 41 by special resolution for the purposes of meeting its
actual or expected liabilities in respect of the following matters;
[Am. Act A1107 - Prior
text read - "The management corporation shall maintain a special account in
which shall be paid such portion of the contribution to the management fund
as may be from time to time determined by special resolution for the
purposes of meeting its actual or expected liabilities in respect of the
following matters;"]
(a) for painting or repainting any part of the common property
which is a building or other structure;
(b) for the acquisition of any movable property for use in
relation with the common property;
(c) for the renewal or replacement of any fixtures or fittings
comprised in any common property and any movable property vested in the
body corporate; and
(d) for any other expenditure not being expenditure incurred
under subsection (5) of section 43 to meet a liability for maintenance or
for settling any defaults in payment by a proprietor.
47. Acquisition of additional land, grant and acceptance of easements, etc.
(1) The management corporation, if authorised by a unanimous resolution,
may-
(a) acquire land outside the lot to be used for purposes
connected with subdivided building;
(b) grant or accept the burden of an easement imposed on the lot
for the benefit of some other land;
(c) accept the benefit of an easement imposed in favour of the
lot on some other land; or
(d) (Deleted by Act A753).
(2) Land outside the lot acquired under paragraph (a) of
subsection (1) shall be treated and dealt with as if it were part of the
common property:
Provided that land so acquired shall be held on a separate title and
shall not be amalgamated with the lot.
(3) Where an instrument is executed by the management corporation in the
exercise of its powers under subsection (1)-
(a) the instrument shall be valid and effective without
execution by any proprietor or other person or body having an interest in
the land;
(b) the receipt of the management corporation for any moneys
payable to the corporation under the instrument shall be a good and
sufficient discharge which exonerates the person or body paying the moneys
from responsibility for the application thereof;
(c) when the instrument is lodged for registration it shall be
endorsed with or accompanied by a certificate under the seal of the
management corporation stating that-
(i) the resolution directing the transaction to which the instrument
relates was duly passed; and
(ii) the transaction conforms to the terms of the resolution;
(d) (Deleted by Act A753);
(e) a certificate given under paragraph (c) shall, in
favour of the Registrar or a party to the transaction other than the
management corporation, be conclusive evidence of the facts certified.
48. (Deleted
by Act A753).
49. Rating.
(1) The management corporation shall -
(a) within one month after its establishment, or
within such further period as the rating authority may allow, supply the
rating authority with two copies of the certified strata plan in respect
of the subdivided building and with the names and addresses of the members
of the council of the corporation; and
(b) keep the rating authority informed of any changes in the
plan, names and addresses supplied under paragraph (a).
(2) Where a rate is levied on the common property, the management
corporation shall be liable to pay the rate.
(3) For the purposes of this section the words "the rating authority"
shall mean in relation to a subdivided building any authority authorised by
law to levy rates.
50. Director may appoint managing agent to exercise or perform certain
powers, etc..
(1) The Director may, upon complaints by a proprietor or any other person
or body having a registered interest in a parcel that the management
corporation has not functioned satisfactorily, if satisfied that it is in
the interests of the parcel proprietors in the subdivided building
concerned, appoint a managing agent to exercise the powers and discharge the
duties and functions of the management corporation.
(2) Where the Director makes the appointment under subsection (1), he may
also specify that the managing agent shall have and may exercise and
discharge -
(a) all the powers, duties and functions of the management corporation
for the subdivided building to which the appointment relates or of the
council of that management corporation;
(b) any one or more of those powers, duties or functions specified in the
appointment; or
(c) all of those powers, duties and functions except those specified in
the appointment.
(3) The expenses incurred by the managing agent shall be charged on the
management fund of the management corporation.
[Am. Act A1107 - Prior
text read - "50. State Authority may appoint a person or body to exercise
the powers of the management corporation.
(1) The State Authority
may, upon complaints by a proprietor or any other person or body having a
registered interest in a parcel that the management corporation has not
functioned satisfactorily, if satisfied appoint a person or body to exercise
the powers and discharge the duties and functions of the management
corporation.
(2) The expenses incurred
by the person or body appointed under subsection (1) shall be charged on the
management fund of the management corporation.
(3) The appointment of
the person or body under subsection (1) may be subject to such terms and
conditions as may be stipulated by the State Authority."]
51. Appointment of administrator for management corporation.
(1) A court of competent jurisdiction on the application of the
management corporation, a proprietor or any other person or body having a
registered interest in a parcel may, appoint an administrator for the
management corporation for a fixed or indefinite period and on such terms
and conditions as to remuneration or otherwise as the court thinks fit.
(2) The remuneration and expenses of the administrator shall be charged
on the management fund of the management corporation.
(3) The administrator shall, to the exclusion of the management
corporation, have the power and perform the duties of the management
corporation, or such of them as the court may direct:
Provided that this subsection shall not preclude the management
corporation from applying under subsection (5) for the removal or
replacement of the administrator.
(4) An administrator when appointed shall forthwith lodge with the
Registrar an office copy of the order of court making his appointment.
(5) The court may, on the application of the management corporation or
any person or body entitled to apply under subsection (1), remove or replace
the administrator.
(6) Where an order of the court for removal or replacement of an
administrator has been granted to any person, such person shall forthwith
lodge with the Registrar, an office copy of such order.
(7) On any application made under this section the court may make such
order for the payment of costs as it thinks fit.
52. The recovery of sum as debt due to management corporation.
(1) The payment of any amount lawfully incurred by the management
corporation in the course of the exercise of any of its powers or functions
or carrying out of its duties or obligations shall by virtue of this section
be guaranteed by the proprietors for the time being constituting the
management corporation, each proprietor being liable under such guarantee
only for such proportion of the money so incurred as the share units of his
parcel or the provisional share units of his provisional block bear to the
aggregate share units.
(2) Where any proprietor has not discharged or fully discharged his
liability for the purpose of subsection (1), the management corporation
shall be entitled to recover from the proprietor in any court of competent
jurisdiction as a debt due to it.
(3) Where for reasons of insufficiency of fund to meet the sum guaranteed
under subsection (1), the management corporation may at an annual general
meeting or at an extraordinary general meeting determine the amount to be
contributed by each proprietor and decide any other issue or matter relating
to the settlement of the said sum.
53. Recovery of sums
due.
(1) Where a sum becomes recoverable by the management corporation from a
proprietor by virtue of paragraph (a) of subsection (2) of section
43, subsection (5) or (5A) of section 45 and subsection (2) of section 52,
the management corporation may serve on the proprietor a written notice
requesting payment of the sum due within such period, which shall not be
less than two weeks from the date of service of the notice, as may be
specified in the notice.
(2) If at the end of the period specified in the notice under subsection
(1) the sum or part of the sum due remains unpaid, the management
corporation may serve on the proprietor a written notice demanding payment
of the sum due within two weeks from the date of service of the notice; and
if upon expiry of the said period, the sum due still remains unpaid, the
management corporation may file a summons in any court of competent
jurisdiction for the recovery of the said sum or, in addition or as an
alternative to recovery under this section, resort to recovery under 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.
(2A) If the management corporation encounters difficulties in executing
the warrant, it may seek the assistance of the Director, and in providing
such assistance, the Director may request for the assistance of a police
officer not below the rank of Inspector.
[Ins. Act A1107]
(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.
(3A) Any tenant, sub-tenant, or occupier who, in order to avoid the
attachment or sale of the movable property for non-payment of any sum due to
the management corporation by the parcel proprietor, pays such sum may
thereafter, in the absence of any written agreement to the contrary, deduct
the amount so paid by him from the rent due or to become due by him to the
parcel proprietor, and may retain possession until such amount has been
fully reimbursed to him whether by deduction from the rent or otherwise.
[Ins. Act A1107]
(3B) The receipt issued by the management corporation for any amount so
paid by any such tenant, sub-tenant or occupier shall be deemed an
acquittance in full for the like amount of rent.
[Ins. Act A1107]
(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.
54. Service of
documents.
(1) The management corporation shall at the main entrance to the lot-
(a) cause to be continuously displayed a notice showing the name
of the management corporation and the address for service of documents as
shown in the book of the strata register; and
(b) cause to be continuously available a receptacle suitable for
purposes of postal delivery with the name of the management corporation
clearly shown thereon, where the address for service of documents shown in
the book of the strata register is the postal address of a building
erected within the lot.
(2) Where the address for service of documents is altered the management
corporation shall forthwith notify the Registrar and the Director of the
alteration, and the Registrar shall make the appropriate endorsement in the
book of the strata register.
(3) A document may be served on the management corporation by sending it
by pre-paid registered post addressed to the management corporation at the
address shown on the book of the strata register.
(4) The provisions of section 431 of the National Land Code relating to
the methods of service shall apply to this section.
(5) For the purposes of this section the word "documents" shall include
summons, notice, order and other legal process.
55. Breaches of provisions of this part.
(1) If 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
management corporation and every member of its council, and any other
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 management corporation
by this Part, any person for whose benefit, or the benefit of whose parcel
that requirement or duty is imposed on the management corporation, may apply
to a court of competent jurisdiction for an order compelling 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.
55A. Failure
to pay contributions.
Where any proprietor has failed to pay the contribution demanded by the
management corporation in the manner set out in section 53, the proprietor
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding five thousand ringgit and to a further fine not exceeding
fifty ringgit for every day during which the contribution remains unpaid
after conviction.
PART VIII
TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING
56. Power of court when subdivided building is damaged.
(1) When a subdivided building is damaged but is not totally destroyed, a
court of competent jurisdiction on the application of the management
corporation, a parcel proprietor, or a registered chargee of any parcel, may
by order, settle a scheme for the reinstatement or the continued use of the
building in whole or in part and any such scheme may include provision for
the transfer of the interests of the proprietors of parcels which have been
wholly or partially destroyed to the other parcel proprietors in proportion
to their share units.
(2) In the exercise of its powers under subsection (1), the court may
make such orders as it deems necessary or expedient for giving effect to the
scheme, including orders-
(a) directing the application of insurance moneys received by
the management corporation in respect of damage to the building;
(b) directing payment of money by the management corporation or
by the parcel proprietors or some or one or more of them;
(c) directing such amendment or replacement of the certified
strata plan and such consequential amendment or replacement of the strata
register as the court thinks fit; and
(d) imposing such terms and conditions as the court thinks fit.
(3) Where an application is made under subsection (1), any insurer who
has effected insurance on the building to which the application relates (or
on any part thereof) shall have the right to appear on the hearing of the
application.
57. Termination
of subdivision.
(1) The management corporation, where-
(a) the building is totally destroyed; or
(b) the parcel proprietors seek to demolish the building or, in
the case of a building which has been partially destroyed, the remaining
parts of the building; or
(c) there is only one proprietor for all the parcels,
may be directed by unanimous resolution to take action to terminate the
subdivision of the building; and, subject to any order of a court of
competent jurisdiction made under subsection (7), the management corporation
if so directed shall lodge with the Registrar a notification in Form 8
together with the issue documents of title of the land and the parcels and
of provisional blocks, if any.
(2) On receipt of a notification under subsection (1) the Registrar shall
make a memorial of the notification in the register and the strata register,
and shall inform the Director of Survey that he has done so.
(3) On the making of a memorial under subsection (2) in respect of a
subdivided building-
(a) the subdivision shall be terminated and the proprietors
shall cease to be proprietors of the parcels and provisional blocks; and
(b) the management corporation shall become the proprietor of
the lot as the trustee of the former proprietors.
(4) Where the management corporation becomes the proprietor of the lot
under subsection (3)-
(a) any registered charge on a parcel which existed immediately
before the termination of the subdivision shall be converted into a
personal obligation of the chargor to pay to the chargee what is due under
the charge;
(b) each of the former proprietors shall continue to be a member
of the corporation, having the same voting rights as he had immediately
before the termination of the subdivision;
(c) the management corporation shall hold and manage the lot for
the benefit of the former proprietors;
(d) the former proprietors may by unanimous resolution direct
the management corporation to transfer the lot to any one or more of the
former proprietors or to any other person or body; and
(e) the management corporation shall distribute any profits
arising from its proprietorship of the lot (including any purchase money
received on a transfer) to the former proprietors proportionately to the
share units or provisional share units which they held immediately before
the termination of the subdivision.
(5) Notwithstanding the termination of a subdivision under this section,
the relevant book of the strata register shall continue in existence while
the management corporation remains the proprietor of the lot and may be used
in evidence as a record of matters relating to the subdivision before its
termination.
(6) Where the management corporation, having become the proprietor of the
lot under subsection (3), transfers the lot in pursuance of a direction
under paragraph (d) of subsection (4)-
(a) the management corporation shall continue in existence for
so long as it is reasonably necessary to wind up its affairs and shall
then cease to exist; and
(b) the Registrar shall cancel the relevant book of the strata
register.
(7) A court of competent jurisdiction, if it is satisfied that the
justice of the case so requires-
(a) may on the application of the management corporation, a
parcel proprietor or the registered chargee of a parcel make an order-
(i) directing the management corporation to take action under
subsection (1) notwithstanding the absence of a unanimous resolution; or
(ii) prohibiting the management corporation from taking action under
that subsection notwithstanding a direction given by unanimous resolution;
and
(b) where the management corporation has transferred the lot in
pursuance of a direction under paragraph (d) of subsection (4), may
on the application of the management corporation, a former proprietor or a
former chargee make an order for the winding up of the affairs of the
management corporation.
(8) In this section-
"former chargee" means a person who, or a body which, immediately before
the subdivision of a subdivided building is terminated under this section,
is the registered chargee of a parcel in the building;
"former proprietor" means a person who, or a body which, immediately
before the subdivision of a subdivided building is terminated under this
section, is the proprietor of a parcel in the building or of a provisional
block on the land on which the building is situated.
PART IX
PROVISIONS FOR LOW-COST BUILDINGS
58. Classification of low-cost buildings.
(1) The State Authority may, on an application by a proprietor of any
alienated land or at any time on its own motion, having regard to the
location, nature of construction and the cost of the building, classify it
to be a low-cost building.
(2) Without prejudice to subsection (1), the State Authority may by rules
made under section 81, classify any type of buildings to be a low-cost
building.
(2A) No building erected in a provisional block shall be classified under
subsection (1) or (2) to be a low-cost building.
(3) Upon classifying any building to be a low-cost building under
subsections (1) and (2), the State Authority shall issue a certificate to
the proprietor of the land.
59. Application for subdivision by proprietor of low-cost building.
Upon receipt of the certificate by the State Authority under section 58,
the proprietor of the land may apply for the subdivision of the building
under section 10.
60. Application of this Part upon opening of a book of the strata register.
Upon approval of the subdivision of the low-cost building and the opening
of a book of the strata register in respect of the subdivided building, the
provisions of this Part shall apply.
61. Duties and powers of the original proprietor before the establishment
of the management corporation.
(1) During the period before the management corporation comes into
existence, it shall be the duty of the original proprietor-
(a) to control, manage, administer and keep the common property
in good repair;
(b) to pay the rent of the lot;
(c) to insure the building to its replacement value against fire
and to keep it so insured;
(d) to effect such other insurance policies of the buildings as
may be required by law;
(e) subject to any order made by a court of competent
jurisdiction, to apply insurance moneys received by it in respect of
damage to the building in rebuilding and reinstating the building, so far
as it may be lawful to do so and to pay the premiums on any policy of
insurance effected by it; and
(f) to perform any other function as may be necessary for the
discharge of its duties.
(2) The original proprietor may-
(a) purchase, hire or otherwise acquire movable property for use
by proprietors in connection with their enjoyment of the common property;
and
(b) do all things reasonably necessary for the discharge of its
duties under this Part.
(3) The original proprietor shall be deemed for the purposes of effecting
any insurance policies under paragraph (d) or (e) of
subsection (1) to have an insurable interest in the building to its
replacement value.
(4) A policy of insurance taken out by the original proprietor in respect
of the building shall not be liable to be brought into contribution with any
other policy of insurance except if it is another policy taken out in
respect of the same building.
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.
62. Applicability and modification of by-laws in Third Schedule during the
period before the establishment of the management corporation.
(1) The by-laws set out in the Third Schedule shall during the period
before the management corporation comes into existence, have effect in
relation to every subdivided low-cost building and shall apply by
substituting for the word "corporation" wherever it appears the words
"original proprietor".
(2) The said by-laws shall bind the parcel proprietors and the original
proprietor to the same extent as if they constitute properly executed
agreements-
(a) on the part of the original proprietor with each proprietor;
and
(b) on the part of each proprietor with every other proprietor
and the original proprietor,
to observe and perform all the provisions thereof.
63. Management fund established by original proprietor.
(1) The original proprietor shall establish and maintain a management
fund for the control, management and administration of the common property,
payment of any rent, rates, premiums of insurance and the discharge of any
other obligations.
(2) For the purposes of subsection (1) the original proprietor may-
(a) determine from time to time, the amounts to be raised;
(b) raise amounts so determined by levying contributions on the
proprietors in proportion to the share units of their respective parcels;
and
(c) by an action in any court of competent jurisdiction, recover
from any parcel proprietor any sum of money expended for rents, rates,
premiums, maintenance or repairs done.
(3) Subject to the provisions of subsection (5)-
(a) any contribution levied under the provisions of subsection
(2) shall be due and payable if the original proprietor serves a written
notice on the proprietor; and
(b) the contributions may be recovered from the parcel
proprietors who may be sued either jointly or severally by the original
proprietor in any court of competent jurisdiction.
(4) A certificate of the original proprietor shall be conclusive evidence
of the amount that may be due to him under the provisions of paragraph
(a) of subsection (3).
(5) The original proprietor shall on the application of any proprietor of
a parcel or any person authorised in writing by the proprietor certify-
(a) the amount determined as the contribution of the proprietor;
(b) the manner in which that contribution is payable;
(c) the extent to which his contribution has been paid by the
proprietor; and
(d) the amount of any rates paid by the original proprietor and
not recovered by him,
and such a certificate shall be conclusive evidence of the matters
certified therein.
64. Establishment of management corporation.
(1) Upon completion of the transfer of strata title in respect of all the
parcels by the original proprietor, or upon the making of an order under
subsection (2) of section 64A by the Director, there shall come into
existence a management corporation consisting of all the parcel proprietors
and the provisions of subsections (2), (3), (4) and (5) of section 39 shall
apply.
(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.
64A. Application 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.
(1A) Where the original proprietor has transferred parcels having more
than half of the total share units of all the parcels, he may also apply to
the Director under subsection (1) for an order that a management corporation
be established.
[Ins. Act A1107]
(2) Upon receiving the application, the Director_
(a) in the case of an application by proprietors other than the
original proprietor, if satisfied that the original proprietor has failed
to discharge his duties or exercise his powers satisfactorily; or
(b) in the case of an application by the original proprietor, if
satisfied that good grounds exist in support thereof,
may order that a management corporation be established.
[Subs.. Act A1107 - Prior
text read - "(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.
65. Duty of original proprietor to convene first annual general meeting.
(1) It shall be the duty of the original proprietor to convene the first
annual general meeting of the management corporation within one month from
the establishment of the management corporation.
(2) The original proprietor shall give a written notice of the first
annual general meeting to all parcel proprietors constituting the management
corporation not less than fourteen days before the meeting.
(3) If the original proprietor fails to comply with subsection (1), he
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding one thousand ringgit.
(4) Without prejudice to the provisions of subsections (1) and (3), if
the original proprietor fails to convene the first annual general meeting
within the specified period, the Director may on application by the
management corporation, a parcel proprietor or chargee of a parcel, appoint
a person to convene the first annual general meeting within such time as may
be specified by the Director.
(5) The agenda for the first annual general meeting shall include the
following matters:
(a) to decide whether the management corporation shall manage
the subdivided building in accordance with Part VII or apply to the State
Authority under section 67 to appoint a person or body to be charged with
the duties, powers and functions of the original proprietor as provided
for under this Part;
(b) in the event the management corporation decides to operate
under the provisions of Part VII, to decide-
(i) whether to confirm, vary or extend insurances affected by the
original proprietor;
(ii) whether to confirm or vary any amounts determined as
contributions to the management fund;
(iii) the number of members of the council, and to elect the council
where there are more than three parcel proprietors; and
(iv) whether to amend, add to or repeal the by-laws in force
immediately before the holding of the meeting.
66. Management fund established by management corporation.
(1) The management corporation shall establish a management fund
sufficient in the opinion of the management corporation to meet the
administrative expenses as may be incurred for the purposes of controlling,
managing and administering the common property, paying rent, rates and
premiums of insurance and discharging any other obligation of the management
corporation.
(2) Upon the establishment of the management fund under subsection (1),
all moneys in the management fund established and operated by the original
proprietor under section 63 shall be transferred to and form part of the
management fund established under subsection (1).
(3) The provisions of subsections (2), (3), (4), (5) and (6) of section
45 shall apply.
66A. Breaches of provisions of 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.
67. Duties and powers of person or body appointed by State Authority.
(1) The State Authority may, upon application by the management
corporation, appoint a person or body to exercise the powers, duties and
functions of the management corporation and the said person or body so
appointed shall exercise the powers, duties and functions of the original
proprietor provided for under this Part.
(2) For the purposes of subsection (1), the provisions of subsections (2)
and (3) of section 50 shall apply.
PART IXA
STRATA
TITLES BOARD
67A. Strata Titles
Board.
(1) There shall be a Strata Titles Board which shall consist of a
President and such number of Deputy Presidents and other members as are
appointed in accordance with this section.
(2) The President, Deputy Presidents and members of the Board shall be
appointed by the State Authority.
(3) No person shall be appointed as the President or a Deputy President
of the Board unless he is a qualified person within the meaning of the Legal
Profession Act 1976 [Act 166].
(4) Not more than twenty persons shall be appointed by the State
Authority to be members of the Board in addition to the President and Deputy
Presidents of the Board.
(5) The names of the President, Deputy Presidents and members appointed
under this section shall be notified in the State Gazette.
(6) Except where otherwise provided by this Act, the Board shall, for the
purpose of hearing and determining a dispute of which the Board has
cognizance or any other matter with respect to which the Board has
jurisdiction under this Act, be constituted by a division of the Board
consisting of-
(a) the President or a Deputy President of the Board as
chairman; and
(b) two other persons to be selected by the chairman from
amongst the members of the Board appointed under subsection (4).
[Ins. Act A1107]
67B. Tenure of office.
(1) A member of the Board shall be appointed for a term of two years but
shall be eligible for reappointment.
(2) A member of the Board may resign by letter addressed to the Director.
(3) The State Authority may at any time revoke the appointment of any
member of the Board and fill any vacancy in its membership.
[Ins. Act A1107]
67C. Continuation
of hearing.
(1) If after the Board has been constituted in relation to a dispute or
matter but before the dispute or matter has been determined a member of the
Board is unable to hear or continue to hear or to determine the dispute or
matter or ceases to be a member of the Board, as the case may be, whether by
death or otherwise, the Board shall be reconstituted in accordance with
subsection (6) of section 67A and the Board as reconstituted shall hear and
determine the dispute or matter or so much of the dispute or matter which
has not been determined, and in so hearing may have regard to the evidence
given, the arguments adduced and any interim order made during the previous
hearing.
(2) Notwithstanding subsection (1) and section 67B, a member of the Board
who resigns or whose appointment expires during the course of any
proceedings of the Board shall for the purpose of such proceedings and until
their determination be deemed to remain a member of the Board and shall
continue to hear and determine the dispute or matter which is the subject
matter of the proceedings.
[Ins. Act A1107]
67D. Bar to actions.
No action shall lie against any member of the Board in respect of
anything done or omitted to be done by him in good faith in the execution or
purported execution of his functions, powers and duties under this Part.
[Ins. Act A1107]
67E. Allowances.
(1) A member of the Board may be paid such allowances as may be
prescribed under this Act in respect of each day on which he is engaged in
the hearing and determining of a dispute or matter.
(2) In addition to the allowance provided for in subsection (1), the
President and the Deputy Presidents of the Board may be paid such allowances
as may be prescribed under this Act.
[Ins. Act A1107]
67F. Board to carry out its work expeditiously.
(1) The Board shall carry out its work expeditiously and shall make a
finding or determination within 6 months from the date it is constituted.
(2) The period specified in subsection (1) may be extended by the
President or a Deputy President of the Board where the dispute or matter
involves complex issues.
[Ins. Act A1107]
67G. Proceedings of
Board.
(1) The proceedings of the Board shall be open to the public and minutes
of the Board including a note of any oral evidence given before the Board
shall be kept by the President of the Board.
(2) The members of the Board shall be deemed to be public servants within
the meaning of the Penal Code [Act 574].
[Ins. Act A1107]
67H. Order revoking amendment of by-law.
(1) Where, pursuant to an application by any person entitled to vote at a
meeting of the management corporation (including a first chargee and chargor
of a parcel), the Board considers that, having regard to the interest of all
parcel proprietors in the use and enjoyment of their parcels or the common
property, an amendment or revocation of an additional by-law or addition of
a new additional bylaw should not have been made or effected, the Board may
order that the amendment be revoked, that the revoked additional by-law be
revived or that the new additional by-law be revoked.
(2) When making an order under subsection (1) in respect of an additional
by-law referred to in subsection (2) of section 44, the Board may direct the
management corporation to pay compensation to the proprietor of the parcel
adversely affected by the additional by-law.
(3) The compensation ordered to be paid under subsection (2) is
recoverable by the parcel proprietor as a debt in any court of competent
jurisdiction.
[Ins. Act A1107]
67I. Order invalidating purported by-law.
Where, pursuant to an application by any person entitled to vote at a
meeting of a management corporation (including a first chargee and a chargor
of a parcel), the Board finds that the management corporation has made an
additional by-law but that the management corporation did not have the power
to make the additional by-law the Board may make an order declaring the
additional bylaw to be invalid.
[Ins. Act A1107]
67J. Power of Board to invalidate proceedings.
(1) Where, pursuant to an application by a parcel proprietor or first
chargee of a parcel, the Board considers that the provisions of this Act
have not been complied with in relation to a meeting of the management
corporation, the Board may by order-
(a) invalidate any resolution of, or election held by, the
persons present at the meeting; or
(b) refuse to invalidate any such resolution or election.
(2) The Board shall not make an order under subsection (1) refusing to
invalidate a resolution or election unless it considers-
(a) that the failure to comply with the provisions of this Act
did not prejudicially affect any person; and
(b) that compliance with the provisions of this Act would not
have resulted in a failure to pass the resolution, or have affected the
result of the election, as the case may be.
[Ins. Act A1107]
67K. Order varying certain rates of interest.
Where, pursuant to an application by a parcel proprietor for an order
under this section, the Board considers that the management corporation for
the subdivided building to which the application relates has determined an
unreasonable rate as the rate of interest payable for the late payment of a
contribution levied under section 45, the Board may order that no interest
be so payable or that the interest so payable be at a rate specified by the
Board instead of the rate so determined.
[Ins. Act A1107]
67L. Order where voting rights denied or due notice of item of business not
given.
(1) Where, pursuant to an application by a person under this section, the
Board is satisfied that a particular resolution would not have been passed
at a general meeting of a management corporation but for the fact that the
applicant-
(a) was improperly denied a vote on the motion for the
resolution; or
(b) was not given due notice of the item of business pursuant to
which the resolution was passed,
the Board may order that the resolution be treated as a nullity on and
from the date of the order.
(2) Where-
(a) an order under subsection (1) is made in respect of a
resolution making an additional by-law amending, adding to or revoking
another additional by-law; and
(b) the additional by-law made pursuant to that resolution is in
force,
the additional by-law shall, subject to its having been or being amended,
added to or revoked under subsection (2) of section 44, have force and
effect on and from the date the order is so made to the same extent as it
would have had if the resolution had not been passed.
(3) An application for an order under subsection (1) may not be made
after 21 days after the date of the meeting at which the resolution was
passed.
[Ins. Act A1107]
67M. Order varying the amount of insurance to be provided.
Where, pursuant to an application made by a parcel proprietor or the
chargee of a parcel, the Board considers that the amount for which the
management corporation for the subdivided building concerned has insured the
subdivided building under subsection (1) of section 43 is not reasonable,
the Board may order the management corporation to vary that amount to a
specified amount.
[Ins. Act A1107]
67N. Board may settle disputes on the costs of repairs etc..
The Board may, pursuant to an application by a management corporation, a
parcel proprietor or a chargee in possession of a parcel, make an order for
the settlement of a dispute, or the rectification of a complaint with
respect to any defects in a parcel, a subdivided building and its common
property or the liability of a parcel proprietor to bear the costs of or any
part thereof for any work carried out by a management corporation in the
exercise or performance of its powers, duties or functions conferred or
imposed by this Act and the by-laws in connection with the subdivided
building.
[Ins. Act A1107]
67O. Order to make or pursue insurance claim.
Where, pursuant to an application by a parcel proprietor, the Board
considers that the management corporation for the subdivided building to
which the application relates has unreasonably refused to make or pursue an
insurance claim in respect of damage to the building or any other property
insured by the management corporation under this Act, the Board may order
the management corporation to make or pursue the claim.
[Ins. Act A1107]
67P. Order to supply information or documents.
Where, pursuant to an application by a parcel proprietor, the Board
considers that the management corporation for the subdivided building or any
member of its council to which the application relates, or managing agent
for the subdivided building, has wrongfully withheld from the applicant
information to which he is entitled under this Act, the Board may order that
management corporation, managing agent, or any member of the council to
supply or make available the information to the applicant.
[Ins. Act A1107]
67Q. Order with respect to certain consents affecting common property.
Where, pursuant to an application by a parcel proprietor, the Board
considers that the management corporation for the subdivided building to
which the application relates has unreasonably refused to consent to a
proposal by that parcel proprietor to effect alterations to the common
property, the Board may order that management corporation to consent to the
proposal.
[Ins. Act A1107]
67R. General provisions relating to orders under this Part.
(1) An order made by the Board may include such ancillary or
consequential provisions as the Board thinks fit including costs to be paid
by the applicant, a management corporation or any person against whom the
order is made or costs to be paid by a party for making a frivolous
application to the Board.
(2) For the purpose of securing compliance with an order under this Part,
the Board may order a management corporation or any member of its council, a
managing agent or any other person having registered interest in a parcel or
an occupier to do or refrain from doing a specified act with respect to a
subdivided building and the common property.
[Ins. Act A1107]
67S. Representation before the Board.
(1) An applicant for an order under this Part may appear before the Board
or may be represented by counsel who may examine witnesses and address the
Board on behalf of the applicant.
(2) A management corporation appearing before the Board may be
represented by counsel or a member of the council of the management
corporation.
[Ins. Act A1107]
67T. Witnesses may be summoned before the Board.
(1) The Board may summon any person to attend before the Board at the
time and place specified in the summons to give evidence and to produce
books, documents or writings in his custody or control which he is required
by the summons to produce.
(2) A person served with a summons under subsection (1) who, without
reasonable excuse, disobeys the summons shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding five thousand ringgit
or to imprisonment for a term not exceeding six months or to both.
(3) A person shall not be bound to produce any books, documents or
writings not specified or otherwise sufficiently described in the summons or
which he would not be bound to produce upon a subpoena for production in a
court.
[Ins. Act A1107]
67U. Board may administer oath or affirmation.
(1) The Board may administer an oath or affirmation to a person appearing
as a witness before the Board, whether or not he has appeared in answer to a
summons, and may examine the witness upon oath or affirmation.
(2) A person appearing as a witness before a Board-
(a) shall not refuse to be sworn or to make an affirmation;
(b) shall not refuse to answer any question relevant to any
proceedings before the Board which are put to him by the Board or by any
person entitled to appear before the Board in those proceedings; and
(c) shall not knowingly give false testimony in any evidence
given by him to the Board.
(3) A witness before a Board shall have-
(a) the same protection; and
(b) in addition to the penalties provided by this Act, the same
liabilities,
as he would have had if he had been a witness before a court.
[Ins. Act A1107]
67V. Penalty for contravention of certain orders.
(1) A person who contravenes an order made by the Board to do or refrain
from doing a specified act shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding two years or to both.
(2) A document purporting to be a copy of an order made by the Board
shall be admissible in evidence and shall, until the contrary is proved, be
deemed to be an order made by the Board.
[Ins. Act A1107]
67W. Time
when order takes effect.
Except where provision is otherwise made by this Act or to the extent
that the Board specifies in an order, an order of the Board shall take
effect when a copy of the order, certified by the Board to be a true copy,
is served-
(a) except as provided in paragraph (b), on the
management corporation for the subdivided building to which the order
relates; or
(b) where the order requires a person to do or refrain from
doing a specified act, on that person.
[Ins. Act A1107]
67X. Appeal to the High Court on point of law.
(1) No appeal shall lie to the High Court against an order made by the
Board under this Part except on a point of law.
(2) Where an appeal is made to the High Court, the Court may confirm,
vary or set aside the order or remit the order to the Board for
reconsideration together with such directions as the Court thinks fit.
(3) The filing of a notice of appeal shall not operate as a stay of
execution of an order or suspend the effect of an order unless the Board or
the High Court, as the case may be, otherwise orders and any stay or
suspension of an order may be subject to such conditions as the Board or
High Court thinks fit.
[Ins. Act A1107]
PART X
MISCELLANEOUS
68. (Deleted by Act
A753).
69. No dealing in accessory parcel independent of a parcel.
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 judgments 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 judgments 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 judgment debt arising under a judgment referred
to in subsection (1), the amount of that contribution shall bear the same
proportion to the judgment debt as the share units of the parcel or the
provisional share units of the provisional block 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 structural defects.
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 is 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
proportions 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.
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;
[Ins. Act A1107]
(ab) the practice and procedure of the Board;
[Ins. Act A1107]
(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) may prescribe a penalty for any
breach or contravention thereof of a fine not exceeding one thousand ringgit.
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.
[Ins. Act A1107]
82. Transitional
provision.
(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 effected, 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 subdivision of a
building effected, 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 I 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. |
