STRATA TITLES ACT 1985
This Act may be cited as the Strata Titles Act 1985 .
This Act shall apply only to Peninsular Malaysia and the Federal Territory of Putrajaya.
[Am. by Act A1290: s.4]
Modification - P.U.(A) 458/2009
This Act shall apply only to Peninsular Malaysia, the Federal Territory of Putrajaya and the Federal Territory of Labuan;
(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.
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; [Am. by Act A1107: s.2]
"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 or land, means the by-l 4A PART I PRELIMINARY-4A. Coming into operation of the Computerization System of Strata Titles in any Land Registry.
(1) The Minister may, with the approval of the National Land Council, by notification in the Gazette , appoint a date for the coming into operation of the Computerization System of Strata Titles in any Land Registry.
(2) For the purpose of subsection (1), the term "Land Registry" means:
(a) in the case of strata titles which are dependent on Registry titles, the office of the Registrar of Titles for the State; and
(b) in the case of strata titles which are dependent on Land Office titles, the office of the Land Administrator for the District.
(3) Upon the coming into operation of the Computerization System of Strata Titles in any Land Registry:
(a) the provisions of the Fifth Schedule shall apply; and
(b) the provisions of this Act in so far as they relate to the forms of document of title, the procedure for the preparatio
4B PART I PRELIMINARY-4B. Coming into operation of the Electronic Land Administration System of Strata Titles in any Land Registry.
(1) The Electronic Land Administration System of Strata Titles shall come into operation in any Land Registry upon notification in the Gazette pursuant to subsection 5D(1) of the National Land Code.
(2) For the purpose of subsection (1):
(a) "Disaster Recovery Centre" means a centre of backup and recovery system set up by the State Authority for the continuity of business operation of the Electronic Land Administration System;
(b) "Land Registry" includes:
(i) in the case of strata titles held or to be held dependent on Registry titles, the office of the Registrar of Titles for the State;
(ii) in the case of strata titles held or to be held dependent on Land Office titles, the office of the Land Administrator for the District; and
(iii) in times of disaster as specified by the State Authority, the Disaster Recovery Centre.
(3)
4C PART I PRELIMINARY-4C. Coming into operation of the rent of parcel or provisional block, etc.
(1) The Minister may, with the approval of the National Land Council, by notification in the Gazette, appoint a date for the coming into operation of rent of parcel or provisional block in any State.
(2) Upon the coming into operation of the implementation of rent of parcel or provisional block in any State:
(a) the provisions of Part IVa shall apply;
(b) the provisions of this Act shall:
(i) in so far as the provisions relate to the procedure for the implementation of rent of parcel or provisional block and for the purposes connected therewith; and
(ii) in so far as the provisions relate to the endorsement to be made or other matters ancillary thereto for the carrying into effect of the rent of parcel or provisional block, to the document of strata title or strata register,be read with modifications, amendments, additions, deletions, substitutions or adaptations as pro
5 PART I PRELIMINARY-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
6 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-6. Building or land capable of being subdivided into parcels.
[Am. by Act A1290: s.8]
(1) Any building 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 land on the same lot shall also be capable of being subdivided into parcels each of which is to be held under a strata title or an accessory parcel.
[Subs. by Act A1290: s.8]
(1A) Any alienated land having two or more buildings held as one lot under final title (whether Registry or Land Office title) shall be capable of being subdivided into land parcels each of which is to be held under a strata title or as an accessory parcel.
[Ins. by Act A1290: s.8]
(2) Notwithstanding subsection (1), the State Authority may, by rules, published in the Gazette , prohibit the subdivision of buildings or land of any class or description
7 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-7. Proprietor of alienated land may apply for subdivision of a building or land.
[Am. by Act A1290: s.9]
(1) The proprietor of any alienated land on which there is any building or land 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.
[Am. by Act A951: s.4; Act A1290: s.9]
(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 or land thereon.
[Am. by Act A1290: s.9]
(3) For the purposes of subsections (1) and (2), an application may be made notwithstanding that no certificate of completion and compliance has been issued for the building.
[Ins. by Act A951: s.4; Am. by Act A1290: s.9]<
8 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building or land.
[Am. by Act A1290: s.10]
(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 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 tha
8A PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-8A. Application for certificate of proposed strata plan.
(1) For the purpose of subsection 9(1), the original proprietor of any alienated land on which the building or land is capable of being issued with strata titles shall apply for a certificate of proposed strata plan to the Director of Survey by submitting Form 10 together with the following:
(a) fees for the survey carried out or caused to be carried out under subsection 8A(8);
(b) except in a case falling under paragraph (c), the original copy of the building plans approved by the local planning authority;
(c) if the original copy of the building plans approved by the local planning authority are not available, the application under this subsection shall be accompanied by:
(i) plans of the building, certified by a Professional Architect or by a land surveyor as having been drawn according to the actual features of the building and as truly representing those features;
9 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-9. Conditions for approval.
(1) The Director shall not approve the subdivision of any building or land into parcels unless the following conditions are satisfied:
[Am. by Act A1290: s.11]
(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;
[Subs. by Act A753: s.5]
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 or land into parcels for the erection of wh
9A PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-9A. Application for subdivision in the case of phased developments.
An application under subsection 9(1), except where it relates to a low-cost building, shall include an application for the issue of provisional strata title for a provisional block in respect of a building or land proposed to be, or in the course of being, erected on the lot in question.
[Del. Act A1518; Ins.Act A1450 of the year 2013].
9B PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-9B. Application for subdivision in the case 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 prescribe the classification for any type of building to be a low-cost building.
(3) Upon classifying any building to be a low-cost building, the State Authority shall issue a certificate to the proprietor of the alienated land.
(4) Upon receipt of the certificate issued by the State Authority, the proprietor of the alienated land shall apply for the subdivision of the building under subsection 9(1).
(5) No building erected in a provisional block shall be classified to be a low-cost building.
[Ins.Act A1450 of the year 2013].
10 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-10. Application for subdivision of building or land.
(1) Any application for the approval of the Director for the subdivision of buildings or building and land, under subsection 6(1) shall be made in Form 1, and any application for the approval of the Director for the subdivision of land under subsection 6(1A) shall be made in Form 1A, to the Land Administrator and shall be accompanied by:
[Subs. by Act A1290: s.12]
(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;
[Ins. by Act A753: s.6]
(b) a proposed strata plan comprising a location plan, storey plan and delineation plan, to be submitted in triplicate containing such details as are specified in subsections (2), (3) and (3A) respectively and certified by a land surveyor as follows:
10A PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-10A. [Deleted Act A1450 of the year 2013]
(1) An application under section 10, except where it relates to a low-cost building, shall include an application for the issue of a provisional strata title for a provisional block in respect of a building, being a building capable according to subsection 6(1) of being subdivided, proposed to be, or in the course of being, erected on the lot in question:
Provided that no land shall be included in the application for the issuance of a provisional strata title for the provisional block.
[Subs. by Act A1290: s.13]
(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 ac
10B PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-10B. [Deleted Act A1450 of the year 2013].
(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 building to be a low-cost building.
(3) Upon classifying any building to be a low-cost building under subsection (1) or (2), the State Authority shall issue a certificate to the proprietor of the alienated land.
(4) Upon receipt of the certificate issued by the State Authority, the proprietor of the alienated land shall apply for the subdivision of the building under section 10.
(5) No building erected in a provisional block shall be classified under subsection (1) or (2) to be a low-cost building.
(6) The State Authority may, upon an application
11 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-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 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-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
13 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-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, storey plans and delineation 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;
[Am. by Act A1290: s.15]
(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
14 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-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 PART II APPLICATION FOR SUBDIVISION OF A BUILDING OR LAND-14A. [Deleted Act A1450 of the year 2013].
(1) If the original 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 five thousand ringgit and to a further fine not exceeding five hundred ringgit for each day the offence continues to be committed.
[Am. by Act A1290: s.16]
(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.
[Ins. by Act A753: s.8]
15 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. by Act A1107: s.4]
(i) set out, or where appropriate summarize so far as they relate to matters capable of affecting any of those parcels or provisional blocks, all express conditions and restrictions-in-interest which appeared on the register document of title to the lot at the time the statement was authenticated by the Registrar; or
16 PART III REGISTRATION OF STRATA TITLES-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;
[Subs. by Act A753: s.10]
(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 c
17 PART III REGISTRATION OF STRATA TITLES-17. Effect of opening of book of strata register.
(1) On authenticating, if applicable, 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.
[Am. by Act A1290: s.18]
(2) No entry shall thereafter be made on either of the documents of title except one affecting the common property.
(3) [Deleted by Act A1290: s.18]
17A PART III REGISTRATION OF STRATA TITLES-17A. Limited common property and subsidiary management corporations allowed.
(1) The management corporation may designate limited common property and create one or more subsidiary management corporations only for the purpose of representing the different interests of parcel proprietors by way of comprehensive resolution conducted under the Strata Management Act 2013.
(2) Limited common property designated by a comprehensive resolution passed by the management corporation shall:
(a) describe, identify or define the boundaries or area of the limited common property in the special plan prepared by a land survey or;
[Subs. Act A1518]
(b) specifies each parcel comprised in that special plan whose proprietors are entitled to the exclusive benefit of the limited common property; and
(c) conform with any other details as may be determined by the Director of Survey.
[Subs. Act A1518]
17B PART III REGISTRATION OF STRATA TITLES-17B. Ownership of common property and custody of issue document of title.
(1) The management corporation shall become the proprietor of the common property and the custodian of the issue document of title of the lot.
(2) Subject to subsection (3), the management corporation shall, in relation to the common property, have the powers conferred by the National Land Code on a proprietor in relation to its land.
(3) The management corporation:
(a) shall exercise all the powers referred to in subsection (2) only on the authority of a unanimous resolution (except where it is specifically provided otherwise in this Act); and
(b) shall not have the power to transfer, charge or lien any portion of the common property which forms part of the building or of the land on which the building stands.
(4) Where an instrument is executed by the management corporation in the exercise of its powers under subsection (2), the instrument shall be accompanied by a document under the seal of the management corp
18 PART III REGISTRATION OF STRATA TITLES-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 PART III REGISTRATION OF STRATA TITLES-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.
[Subs. by Act A753: s.12]
19A PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-19A. [Deleted].
[Del. Act A1518; Ins.Act A1450 of the year 2013].
20 PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-20. Application for strata titles upon completion of building.
(1) The original proprietor of a provisional strata title shall, as soon as a building in respect of that title has been completed, and a certificate of completion and compliance has been issued, but in any case within six months from the date the certificate is so issued, make an application for the approval of the Director for the issue of separate strata titles to the parcels in the completed building.
[Subs. by Act A1290: s.19]
(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.
[Ins. by Act A753: s.13]
(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 Architect
20A PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-20A. Application for certificate of proposed strata plan.
(1) The proprietor of the provisional strata title shall, as soon as a building or land is capable of being issued with strata titles, make an application for the approval of the Director of Survey for the issuance of the certificate of proposed strata plan to the parcels within a period of three months from the issuance of the certificate and shall submit a proposed strata plan to the Director of Survey by submitting Form 10 together with the following:
(a) fees of such survey carried out or caused to be carried out under subsection (8) as determined by the Director of Survey;
(b) except in a case falling under paragraph (c), the original copy of the building plans approved by the local planning authority;
(c) if the original copy of the building plans approved by the local planning authority are not available, the application under this subsection shall be accompanied by:
20B PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-20B. Application for subdivision of building, etc.
(1) The proprietor of provisional strata title shall make an application for approval to the Director within one month from the issuance of the certificate of proposed strata plan using Form 5 to the Land Administrator and shall be accompanied by:
(a) such fees as may be prescribed;
(b) such fees as so notified by the Director of Survey under paragraph 20A(8)(c);
(c) a certificate of the proposed strata plan;
(d) the issue document of provisional strata title;
(e) a certified copy of the certificate of completion and compliance or certificate of fitness for occupancy, as the case may be, except:
(i) in the case under paragraph 20(2)(a);
(ii) when the building is classified as special building and the certified copy of the certificate of completion and compliance or certificate of fitness for occupancy is not available; or
<21 PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-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;
[Am. by Act A753: s.14]
(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 10A(2) (a) , 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 10A(2) (d) ;
[Ins. by Act A753: s.14]
(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 com
22 PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-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
22A PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-22A. [Deleted - Act A1450 of the year 2013].
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 housand ringgit and to a further fine not exceeding one thousand ringgit for each day the offence continues to be committed.
[Ins. by Act A753: s.15]
22B PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-22B. [Deleted - Act A1450 of the year 2013].
(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 five thousand ringgit and to a further fine not exceeding five hundred ringgit for each day the offence continues to be committed.
[Am. by Act A1290: s.20]
(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.
[Ins. by Act A753: s.15]
23 PART IV PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING-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
23A PART IVA COLLECTION OF RENT-23A. Interpretation.
In this Part, unless the context otherwise requires:
"existing documents of strata titles" means any documents of strata title registered and issued before the coming into operation of section 4c
"existing issue document of title of the lot" means any existing issue document of title of the lot issued before the coming into operation of section 4c
"existing issue document of strata title" means existing issue document of strata title issued before the coming into operation of section 4c. [Ins. Act A1518]
23B PART IVA COLLECTION OF RENT-23B. Rent to be debt due to State Authority.
The rent payable in respect of each parcel or provisional block is a debt due to the State Authority and, without prejudice to the provisions of this Act relating to forfeiture of the parcel or provisional block for non-payment thereof, may be recoverable by action brought pursuant to section 16 of the National Land Code.
[Ins. Act A1518]
23C PART IVA COLLECTION OF RENT-23C. Determination and computation of rent.
(1) Upon the coming into operation of section 4c:
(a) the Land Administrator shall determine the amount of rent and
(b) the Registrar shall:
(i) make a memorial on the register and issue documents of titles to the lot, the date that the rent of the lot ceased to be effective and rent of parcel or provisional block comes into operation, notwithstanding anything contained in the title of the lot and
(ii) endorse on the documents of strata titles with the amount of rent.
(2) The Registrar shall make a memorial or an endorsement to the existing issue document of title of the lot and the existing issue document of strata title pursuant to subparagraph (b)(i) or (ii) when those titles are produced to him.
(3) The rent reserved in respect of parcel or provisional block shall becomes payable from the beginning of the calendar year.
(4
23D PART IVA COLLECTION OF RENT-23D. Where rent payable.
The rent payable in relation to parcel or provisional block shall be paid by or on behalf of the proprietor at:
(a) the office of the Land Administrator or at any other place which the Land Administrator may deem fit or
(b) such other places as prescribed or through any person or body as approved by the State Authority.
[Ins. Act A1518]
23E PART IVA COLLECTION OF RENT-23E. Notice of demand.
(1) Where any rent payable in relation to any parcel or provisional block is in arrear, the Land Administrator may cause to be served on the proprietor thereof a notice of demand in Form 11.
(2) As soon as Form 11 is served on the proprietor, the Land Administrator shall cause to be served on every chargee, lessee, sublessee, tenant, lien-holder, caveator and easement holder, a copy of Form 11.
(3) A note of the service of Form 11 under subsection (1) shall be endorsed by or at the instance of the Land Administrator, on the register document of title to the parcel or provisional block to which the notice relates.
[Ins. Act A1518]
23F PART IVA COLLECTION OF RENT-23F. Right of chargees, lessees, etc., to pay sum demanded.
(1) The sum demanded in Form 11 may be paid to the Land Administrator within the time specified in Form 11 by any of the following persons or bodies in addition to the proprietor:
(a) any chargee, person or body having a registered interest affecting the parcel or provisional block (including a charge of any lease or sublease thereof)
(b) any person or body having a lien over the parcel or provisional block, or over any lease or sublease thereof
(c) any person or body in occupation of any part thereof under any tenancy exempt from registration which has become protected by an endorsement on the register document of title to the parcel or provisional block under section 317 of the National Land Code and
(d) any person or body having a claim protected by caveat affecting the parcel or provisional block or any interest therein.
(2) Any sum paid by a char
23G PART IVA COLLECTION OF RENT-23G. Effect of payment of sum demanded.
If the whole of the sum demanded in Form 11 is paid to the Land Administrator within the time specified therein, the notice shall cease to have effect, and the Land Administrator shall cancel, or cause to be cancelled, the note endorsed pursuant to subsection 23e(3) on the register document of title to the parcel or provisional block to which the notice relates.
[Ins. Act A1518]
23H PART IVA COLLECTION OF RENT-23H. Forfeiture for non-payment of sum demanded.
(1) The Land Administrator shall not during the period specified in Form 11 accept any payment by or on behalf of any person or body of a lesser amount than the sum thereby demanded.
(2) The Land Administrator shall, at the expiration of the period stated in Form 11 the whole of that sum has not been paid to him, by order:
(a) declare the parcel or provisional block to be forfeited to the State Authority and
(b) vested and registered in the name of any statutory authority as prescribed to hold the parcel or provisional block on behalf, and for the benefit, of the State Authority.
[Ins. Act A1518]
23I PART IVA COLLECTION OF RENT-23I. Power of State Authority to revise rent periodically.
(1) Subject to subsection (5), the State Authority may from time to time revise in accordance with provisions of this section the rent payable in respect of parcel or provisional block within the State.
(2) Any revision of rent under this section shall extend to all parcel or provisional block within the State except parcel or provisional block of any classes or description which the State Authority may think fit to exempt.
(3) On any revision of rent under this section, the State Authority may:
(a) increase or reduce by the same proportion the rent payable in relation to all parcel or provisional block to which the revision extends or
(b) make different provisions for different classes or descriptions of such parcel or provisional block, either:
(i) provision for increasing or reducing rent by the same proportion, or
(ii) provision imposing a new rate of rent t
23J PART IVA COLLECTION OF RENT-23J. Effect of termination of subdivision.
In relation to the memorial made pursuant to subsection 57(2), the Registrar shall make a memorial on the register and issue documents of title to the lot, the date on which the rent of the lot comes into operation the next following calendar year at the recent revision pursuant to section 101 of the National Land Code.
[Ins. Act A1518]
23K PART IVA COLLECTION OF RENT-23K. Interpretation.
In this Part, unless the context otherwise requires:
"transferee" means statutory authority prescribed to be registered as new proprietor by way of vesting to hold the parcel or provisional block on behalf, and for the benefit, of the State Authority
"former proprietor" means a person who, or a body which, immediately before the reversion of a parcel or provisional block to the State Authority is the proprietor of a parcel or provisional block.
[Ins. Act A1518]
23L PART IVA COLLECTION OF RENT-23L. Reversion to State Authority and vesting to take effect upon notification in the Gazette.
(1) The Land Administrator shall, after making of an order under section 23h of this Act or section 129 of the National Land Code in relation to any parcel or provisional block, publish in the Gazette a notification in Form 12.
(2) The Land Administrator shall, as soon as possible, after the publication of Form 12 in the Gazette:
(a) cause a copy of the notification under subsection (1) to be sent to the management corporation and
(b) publish the notification in accordance with section 433 of the National Land Code.
(3) The Registrar shall, after the publication in paragraph (2)(b), make a memorial to the effect that the parcel or provisional block has been forfeited and vested in the transferee on the register document of title and issue document of title.
[Ins. Act A1518]
23M PART IVA COLLECTION OF RENT-23M. Effect of forfeiture.
Upon taking into effect of any forfeiture in relation to any parcel or provisional block under this Part:
(a) the parcel or provisional block shall revert and vest in the transferee, freed and discharged from any interest subsisting or capable of arising immediately before the forfeiture took effect
(b) the Land Administrator, by notice in the Gazette in Form 12, declares that the parcel or provisional block which reverts to the State Authority shall vest and be registered in the name of the transferee to hold the same on behalf, and for the benefit, of the State Authority
(c) there shall also vest in the transferee without any arrears relating to management fund, debt and any other outstanding payment payable under the Strata Management Act 2013 [Act 757] that is liable to the former proprietor
(d) there shall vest in the transferee, without payment of compensation, any p
23N PART IVA COLLECTION OF RENT-23N. Parcel or provisional block not to be transferred during period for appeal against forfeiture.
(1) Where any parcel or provisional block has reverted and vested to the transferee by reason of the taking into effect of any forfeiture under this Part, the transferee shall not effect dealings permitted under Division IV of the National Land Code at any time before:
(a) the expiry of the period of three months under section 418 of the National Land Code which an appeal lies to the court against the order of the Land Administrator under section 23h of this Act or section 129 of the National Land Code or
(b) the determination of the appeal and of any proceedings consequent thereon (if such an appeal is lodged during that period).
(2) The provision of subsection (1) shall be without prejudice to the power of the State Authority under section 23o to annul the forfeiture at any time on a petition by the former proprietor immediately before the forfeiture took effect.
, 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 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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.
26 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 p
28 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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. by Act A1107: s.7]
(da) the written consent of the management corporation to the making of the application as required under paragraph (da) of section 27; and
[Ins. by Act A1107: s.7]
(e) the issue do
29 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 pr
32 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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 parce
33A PART V SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS-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. by Act A1107: s.8]
34 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
[Am. by Act A753: s.17]
(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.
[Am. by Act A753: s.17]
(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 right
35 PART VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS-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;
36 PART VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS-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
[Am. by Act A753: s.18]
(c) the proportion payable by each proprietor of the contribution levied by the management corporation pursuant to section 45, 63 or 66.
[Am. by Act A753: s.18]
37 PART VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS-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) [Deleted by Act A1290: s.21]
38 PART VI RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS-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:
[Am. by Act A753: s.19]
(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.
39 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-39. [Deleted Act A1450 of the year 2013].
(1) Upon the opening of a book of the strata register in respect of a subdivided building or land 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.
[Am. by Act A1290: s.22]
(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 or land, and shall be a body corporate having perpetual succession and a common seal.
[Am. by Act A1290: s.22]
(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. by Act A1077: s.9]
40 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-40. [Deleted Act A1450 of the year 2013].
[Am. by Act A1290: s.23]
(1) Notwithstanding any other provisions of this Act, the management corporation shall not, during the initial period:
(a) amend 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;
[Am. by Act A753: s.20; Act A1290: s.23]
(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
40A PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-40A. [Deleted Act A1450 of the year 2013].
(1) Any original proprietor or any person or body appointed by a court of competent jurisdiction shall execute the transfer of strata titles to the parcel proprietors within twelve months from the date of issue of strata titles by the Land Administrator or any extended period approved by the Director upon the opening of the strata register.
(2) Any purchaser shall execute complete documents of transfer of strata titles within twelve months or any extended period approved by the Director from the date of notice of transfer of strata titles issued by the original proprietor or from the date of purchase of the parcel, whichever is the later.
(3) Any original proprietor or any person or body appointed by a court of competent jurisdiction or any purchaser who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit and not more than ten thousa
41 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-41. [Deleted Act A1450 of the year 2013].
(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 twenty-five thousand ringgit and to a further fine not exceeding two thousand ringgit for each day the offence continues to be committed.
[Am. by Act A1290: s.25]
(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 Commissioner may, on application by the purchasers, 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 Commissi
41A PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-41A. [Deleted Act A1450 of the year 2013].
(1) Where the first annual general meeting of a management corporation has not yet been convened, the proprietor of the parcels or provisional blocks, if any, in the subdivided building or land, whichever is applicable shall, commencing from the opening of the book of the strata register, pay to the management corporation any sum determined by the original proprietor as the contributions payable by the proprietors to the management fund of the management corporation.
(2) Any proprietor who is not satisfied with the sum determined under subsection (1) may apply to the Commissioner for a review and the Commissioner may:
(a) determine the sum; or
(b) instruct the original proprietor to appoint a registered property manager to recommend the sum payable and submit a copy of a report to the Commissioner for his approval and the Commissioner shall determine the sum payable as he thinks just and reasonable
42 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-42. [Deleted Act A1450 of the year 2013].
(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.
[Subs. by Act A753: s.22]
43 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-43. [Deleted Act A1450 of the year 2013].
(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 or land to the replacement value thereof against fire and such other risks as may be prescribed under this Act;
[Am. by Act A1290: s.27]
(c) to effect such other insurance of the subdivided building or land as may be required by law;
[Am. by Act A1290: s.27]
(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 or land 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 se
44 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-44. [Deleted Act A1450 of the year 2013].
[Am. by Act A1290: s.28]
(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 or land and shall not be amended by the management corporation.
[Am. by Act A1290: s.28]
(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 or land.
[Am. by Act A1290: s.28]
(3) The by-laws for the time being in force in respect of the subdivided building or land shall bind the management corporation and the proprietors to the same extent as if they constituted properly executed agreements:
[Subs. by Act A753: s.25]
(3) Subject to section 41A, for the purpose of establishing and maintaining the management fund the management corporation may at a general meeting:
[Am. by Act A1077: s.13]
(a) determine from time to time the amount to be raised for the purposes mentioned in subsection (1);
(b)
46 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-46. [Deleted Act A1450 of the year 2013].
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. by Act A1077: s.14]
(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
47 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-47. [Deleted Act A1450 of the year 2013].
(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 or land;
[Am. by Act A1290: s.30]
(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: s.26] .
(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):
48 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-48. [Deleted by Act A753: s.27] .
49 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-49. [Deleted Act A1450 of the year 2013].
(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 or land and with the names and addresses of the members of the council of the corporation; and
[Am. by Act A1290: s.31]
(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 or land any authority authorised by law to levy rates.
[Am. by Act A1290: s.31]
<50 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-50. [Deleted Act A1450 of the year 2013].
(1) The Commissioner 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 or land concerned, appoint a managing agent to exercise the powers and discharge the duties and functions of the management corporation.
[Am. by Act A1290: s.32]
(2) Where the Commissioner makes the appointment under subsection (1), he may also specify that the managing agent shall have and may exercise and discharge :
[Am. by Act A1290: s.32]
(a) all the powers, duties and functions of the management corporation for the subdivided building or land to which the appointment relates or of the council of that management corporation;
[Am. by Act A129
51 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-51. [Deleted Act A1450 of the year 2013].
(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.
[Am. by Act A753: s.29]
(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 forthw
52 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-52. [Deleted Act A1450 of the year 2013].
(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.
[Am. by Act A753: s.30]
(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.
[Am. by Act A753: s.30]
(3) Where for reasons of insufficiency of fund to meet
53 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-53. [Deleted Act A1450 of the year 2013].
(1) Where a sum becomes recoverable by the management corporation from a proprietor by virtue of paragraph 43(2) (a) , subsection 45(5) or (5A) and subsection 52(2), 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.
[Am. by Act A753: s.31]
(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 additi
53A PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-53A. [Deleted Act A1450 of the year 2013].
(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 Commis
54 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-54. [Deleted Act A1450 of the year 2013].
(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
55 PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-55. [Deleted Act A1450 of the year 2013].
(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 ten thousand ringgit.
[Am. by Act A753: s.33; Act A1290: s.34]
(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 requ
55A PART VII MANAGEMENT OF A SUBDIVIDED BUILDING-55A. [Deleted Act A1450 of the year 2013].
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.
[Ins. by Act A1107: s.17]
56 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
57 PART VIII TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING-57. Termination of subdivision.
(1) The management corporation, where:
(a) the building is totally destroyed and of provisional blocks, if any; or
[Am. by Act A753: s.34]
(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
57A VIIIA EFFECT OF ACQUISITION OF SUBDIVIDED BUILDING OR LAND-57A. Procedure of taking formal possession of any subdivided building or land.
(1) Upon taking formal possession of the whole or part of subdivided building or land under the Land Acquisition Act 1960 [Act 486], the Seventh Schedule shall apply in so far as they relate to the procedures for the modification of the relevant strata register, affairs of the management corporation and other purposes connected therewith.
(2) Other provisions of this Act which relate to the forms of document of strata title, the procedure for the preparation and registration of any document of strata title, shall be read with modifications, amendments, additions, deletions, substitutions or adaptations as provided in the Seventh Schedule.
(3) The Minister may, with the approval of the National Land Council, by order published in the Gazette, make any amendment to the Seventh Schedule.
[Ins. Act A1518]
58 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-58. [Deleted by Act A1290: s.35] .
59 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-59. [Deleted by Act A1290: s.35] .
60 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-60. [Deleted by Act A1290: s.35] .
61 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-61. [Deleted by Act A1290: s.35] .
61A PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-61A. [Deleted by Act A1290: s.35] .
62 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-62. [Deleted by Act A1290: s.35] .
63 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-63. [Deleted by Act A1290: s.35] .
64 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-64. [Deleted by Act A1290: s.35] .
64A PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-64A. [Deleted by Act A1290: s.35] .
65 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-65. [Deleted by Act A1290: s.35] .
66 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-66. [Deleted by Act A1290: s.35] .
66A PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-66A. [Deleted]
[Deleted by Act A1290:s.35]
67 PART IX PROVISIONS FOR LOW-COST BUILDINGS [Deleted by Act A1290: s.35]-67. [Deleted by Act A1290: s.35] .
67A PART IXA STRATA TITLES BOARD-67A. [Deleted Act A1450 of the year 2013].
(1) There shall be established a Strata Titles Board to hear and determine any disputes under this Act upon an application being made by a proprietor or management corporation or any other person or body having a registered interest in a parcel.
(2) Where, pursuant to an application under subsection (1) for an order which is not included under this Part, the Board may make such order as it deems just and expedient.
(3) The Board shall consist of a President and such number of Deputy Presidents and other members who shall be appointed by the Minister and the Minister may consult any relevant State Authority before making such appointment.
[Subs. by Act A1290: s.36]
(4) Not more than twenty persons shall be appointed by the Minister to be members of the Board in addition to the President and Deputy Presidents of the Board.
[Am. by Act A1290: s.36]
(5) The names
67B PART IXA STRATA TITLES BOARD-67B. [Deleted Act A1450 of the year 2013].
(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 Minister.
[Am. by Act A1290: s.37]
(3) The Minister may at any time revoke the appointment of any member of the Board and fill any vacancy in its membership.
[Ins. by Act A1107: s.19; Am. by Act A1290: s.37]
67C PART IXA STRATA TITLES BOARD-67C. [Deleted Act A1450 of the year 2013].
(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 ormatter 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 67Aer 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 and the Board as reconstituted shall hear and determine the dispute or matt (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 Boar
67D PART IXA STRATA TITLES BOARD-67D. [Deleted Act A1450 of the year 2013].
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. by Act A1107: s.19]
67E PART IXA STRATA TITLES BOARD-67E. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67F PART IXA STRATA TITLES BOARD-67F. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67G PART IXA STRATA TITLES BOARD-67G. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67H PART IXA STRATA TITLES BOARD-67H. [Deleted Act A1450 of the year 2013].
(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 propr
67I PART IXA STRATA TITLES BOARD-67I. [Deleted Act A1450 of the year 2013].
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. by Act A1107: s.19]
67J PART IXA STRATA TITLES BOARD-67J. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19; Am. by Act A1290: s.38]
67L PART IXA STRATA TITLES BOARD-67L. [Deleted Act A1450 of the year 2013].
(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, a
67M PART IXA STRATA TITLES BOARD-67M. [Deleted Act A1450 of the year 2013].
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 or land concerned has insured the subdivided building or land 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. by Act A1107: s.19; Am. by Act A1290: s.40]
67N PART IXA STRATA TITLES BOARD-67N. [Deleted Act A1450 of the year 2013].
The Board may, pursuant to an application by a management corporation, a parcel proprietor or a chargee in possession of a parcel or any other person or body having a registered interest in 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 or land 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 or land.
[Ins. by Act A1107: s.19; Am. by Act A1290: s.41]
67O PART IXA STRATA TITLES BOARD-67O. [Deleted Act A1450 of the year 2013].
Where, pursuant to an application by a parcel proprietor, the Board considers that the management corporation for the subdivided building or land to which the application relates has unreasonably refused to make or pursue an insurance claim in respect of damage to the building or land 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. by Act A1107: s.19; Am. by Act A1290: s.42]
67P PART IXA STRATA TITLES BOARD-67P. [Deleted Act A1450 of the year 2013].
Where, pursuant to an application by a parcel proprietor, the Board considers that the management corporation for the subdivided building or land or any member of its council to which the application relates, or managing agent for the subdivided building or land, 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. by Act A1107: s.19; Am. by Act A1290: s.43]
67Q PART IXA STRATA TITLES BOARD-67Q. [Deleted Act A1450 of the year 2013].
Where, pursuant to an application by a parcel proprietor, the Board considers that the management corporation for the subdivided building or land 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. by Act A1107: s.19; Am. by Act A1290: s.44]
67R PART IXA STRATA TITLES BOARD-67R. [Deleted Act A1450 of the year 2013].
(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 or land and the common property.
[Ins. by Act A1107: s.19; Am. by Act A1290: s.45]
67S PART IXA STRATA TITLES BOARD-67S. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67T PART IXA STRATA TITLES BOARD-67T. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67U PART IXA STRATA TITLES BOARD-67U. [Deleted Act A1450 of the year 2013].
(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 wi
67V PART IXA STRATA TITLES BOARD-67V. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
67W PART IXA STRATA TITLES BOARD-67W. [Deleted Act A1450 of the year 2013].
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 or land to which the order relates; or
[Am. by Act A1290: s.46]
(b) where the order requires a person to do or refrain from doing a specified act, on that person.
[Ins. by Act A1107: s.19]
67X PART IXA STRATA TITLES BOARD-67X. [Deleted Act A1450 of the year 2013].
(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. by Act A1107: s.19]
68 PART X MISCELLANEOUS-68. [Deleted by Act A753: s.40] .
69 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-71. [Deleted by Act A753:s.40] .
72 PART X MISCELLANEOUS-72. [Deleted by Act A753:s.40] .
73 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-76. [Deleted Act A1450 of the year 2013].
(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.
[Am. by Act A753: s.41]
(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-me
77 PART X MISCELLANEOUS-77. [Deleted Act A1450 of the year 2013].
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 PART X MISCELLANEOUS-78. [Deleted Act A1450 of the year 2013].
(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 PART X MISCELLANEOUS-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.
Modification - P. U.(A) 458/2009
Section 79. Limitation Ordinance 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 Ordinance [Sabah Cap 72] relating to adverse possession shall not extend to such common property and accessory parcel
80 PART X MISCELLANEOUS-80. Power of entry by public or local authority.
A public or local authority which is authorised by any written law to enter upon part of a lot for the purposes of exercising any power conferred on it, may enter upon any other part of that lot if it is necessary to do so in order to exercise that power.
80A PART X MISCELLANEOUS-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. by Act A1107: s.20]
81 PART X MISCELLANEOUS-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. by Act A1107: s.21]
(ab) the practice and procedure of the Board;
[Ins. by Act A1107: s.21]
(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 mana
82 PART X MISCELLANEOUS-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, a
83 PART X MISCELLANEOUS-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 PART X MISCELLANEOUS-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.
[Ins. by Act A753: s.43]
85 PART X MISCELLANEOUS-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.
[Ins. by Act A753: s.43]
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