(1) This Act may be cited as the Strata Titles (amendment) Act 2013.

(2) This Act comes into operation in each State on such date as may be appointed by the Minister, with the approval of the National Land Council in relation to that State, by notification in the Gazette , and the Minister may, with the approval of the National Land Council, appoint different dates for the comi

1 -1. Short title and commencement.

(1) This Act may be cited as the Strata Titles (Amendment) Act 2013.

(2) This Act comes into operation in each State on such date as may be appointed by the Minister, with the approval of the National Land Council in relation to that State, by notification in the Gazette , and the Minister may, with the approval of the National Land Council, appoint different dates for the coming into operation of different provisions of this Act.

(3) This Act comes into operation in the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya and the Federal Territory of Labuan on a date to be appointed by the Minister by notification in the Gazette , and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

2 -2. Amendment of the preamble.

The Strata Titles Act 1985 [Act 318] , which is referred to as the "principal Act" in this Act, is amended in the preamble by substituting for the words "and the Federal Territory of Putrajaya" the words ", the Federal Territory of Putrajaya and the Federal Territory of Labuan".

3 -3. Amendment of section 2.

Section 2 of the principal Act is amended by substituting for the words "and the Federal Territory of Putrajaya" the words ", the Federal Territory of Putrajaya and the Federal Territory of Labuan".

4 -4. Amendment of section 4.

Section 4 of the principal Act is amended-

(a) by deleting the definition of "aggregate share units";

(b) by deleting the definition of "Board";

(c) by deleting the definition of "by-laws";

(d) by inserting after the definition of "building" the following definition:

'   "certificate of proposed strata plan"  means the certificate certifying the proposed strata plan prepared under section 8A or 20A, as the case may be; ';

(e) in the definition of "certified strata plan", by substituting for the words "subsection 13(1)" the words "section 13 or 22, as the case may be";

(f) in the definition of "Commissioner", by substituting for the words "section 3 of the Building and Common Property (Maintenance and Management) Act 2007 [Act 663] " the words "section 4 of t

5 -5. New section 4B.

The principal Act is amended by inserting after section 4a the following section:

" 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 titl

6 -6. Substitution of section 7.

The principal Act is amended by substituting for section 7 the following section:

" 7. Original proprietor may apply for subdivision of a building or land

The original 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.".

7 -7. Substitution of section 8.

The principal Act is amended by substituting for section 8 the following section:

" 8. Circumstances in which it is compulsory to apply for subdivision of a building or land

(1) The original proprietor of any alienated land on which there is a building capable of being issued with strata titles shall, within the period specified in subsections (2) and (3), apply in accordance with subsections 8A(1) and 9(1) for the subdivision of the building or land if at any time he has sold or agreed to sell any parcel in such building or land to any person.

(2) The period within which the requirements of subsection 8A(1) shall be complied with is as follows:

(a) in the case where the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreements takes place and the document that certifies the super structure stage is issued after the commencement of this A

8 -8. New section 8A.

The principal Act is amended by inserting after section 8 the following section:

" 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

9 -9. Substitution of section 9.

The principal Act is amended by substituting for section 9 the following section:

" 9. Application for subdivision of building, etc.

(1) An application for the approval of the Director for the subdivision of building, building and land, under subsection 6(1) and subdivision of land under subsection 6(1A) shall be made in Form 1 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 8A(8) (c) ;

(c) a certificate of the proposed strata plan;

(d) the classification certificate of a low-cost building issued under subsection 9B(3), if any;

(e) the written consents to the making of the application of every person who, at the time of the application, is entitled to the benefit of a lease of the whole or any part th

10 -10. New sections 9A and 9B.

The principal Act is amended by inserting after section 9 the following sections:

" 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, being a building or land capable according to subsection 6(1) or (1A) of being subdivided, proposed to be, or in the course of being, erected on the lot in question.

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 Autho

11 -11. Substitution of section 10.

The principal Act is amended by substituting for section 10 the following section:

" 10. Conditions for approval

(1) The Director shall not approve the subdivision of any building or land into parcels unless the following conditions are satisfied:

(a) that the Director of Survey has issued the certificate of proposed strata plan;

(b) that the subdivision would not contravene any condition or restriction in interest to which the land comprised in that lot is for the time being subject;

(c) that the subdivision would not be contrary to the provisions of any written law for the time being in force and that any requirements imposed with respect thereto by or under any such written law have been complied with;

(d) that no item of land revenue is outstanding in respect of the land;

(e) that consent in writing to the making of

12 -12. Deletion of section 10A.

The principal Act is amended by deleting section 10A.

13 -13. Deletion of section 10B.

The principal Act is amended by deleting section 10B.

14 -14. Amendment of section 11.

Section 11 of the principal Act is amended-

(a) by renumbering the existing section as subsection (1) of that section;

(b) in subsection (1), by substituting for the words "subsection 10(1) not be" the words "subsection 9(1) shall not be"; and

(c) by inserting after subsection (1) the following subsection:

"(2) Where the application under subsection 9(1) is withdrawn, the Director shall notify the Registrar or Land Administrator who shall cancel or cause to be cancelled the note thereof endorsed on the register document of title pursuant to subsection 9(3).".

15 -15. Amendment of section 12.

Section 12 of the principal Act is amended-

(a) in subsection (1), by substituting for the words "section 10" the words "section 9";

(b) in paragraph (1) (a) , by substituting for the words "section 9" the words "section 10"; and

(c) by substituting for subsection (2) the following subsection:

"(2) Where he has approved any application for subdivision of building or land, the Director shall request the Director of Survey to prepare or cause to be prepared a certified strata plan.";

(d) by substituting for subsection (3) the following subsection:

"(3) Where he has rejected any such application, the Director shall-

(a) 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

16 -16. Amendment of section 13.

Section 13 of the principal Act is amended-

(a) by substituting for subsection (1) the following subsection:

"(1) Upon receipt of the request by the Director and upon being informed that the fees referred to in paragraph 8A(8) (c) have been duly paid, the Director of Survey shall-".

(b) in paragraph (1) (a) , by substituting for the words "location plan, storey plans and delineation plans" the words "proposed strata plan";

(c) in subsection (2)-

(i) in paragraph (a) , by inserting after the word "thereon;" the word "and";

(ii) in paragraph (b) , by substituting for the words "; and" a full stop; and

(iii) by deleting paragraph (c) ;

(d) in subsection (3), by deleting the word "common"; and

(e) in subsection (5), by substituting for t

17 -17. Deletion of section 14A.

The principal Act is amended by deleting section 14A.

18 -18. Amendment of section 15.

Section 15 of the principal Act is amended-

(a) in subsection (2)-

(i) in subparagraph (b) (i), by substituting for the words "express conditions and restrictions-in-interest" the words "express conditions, restrictions-in-interest, memorials, endorsements and other entries"; and

(ii) by substituting for paragraph (d) the following paragraph:

" (d) a register document of title in Form 4 in respect of a parcel and in Form 4A in respect of a provisional block."; and

(b) in subsection (6), by substituting for the words "the caveats shall remain in the" the words "he may, instead of setting out or summarizing them, endorse a statement in Form 3 to the effect that the lot is so subject to the caveats entered on the".

19 -19. Amendment of section 16.

Section 16 of the principal Act is amended-

(a) in subsection (1)-

(i) in paragraph (a) , by inserting after the words "a parcel" the words "in Form 4"; and

(ii) in paragraph (b) , by inserting after the words "a provisional block" the words "in Form 4A"; and

(b) in subsection (2), by substituting for paragraph (b) the following paragraph:

" (b) an issue document of title, consisting of a copy of the register document to which shall be attached the copy of the certified strata plan or of the relevant folio of that plan prepared under paragraph 13(1) (d) :".

20 -20. Substitution of section 17.

The principal Act is amended by substituting for section 17 the following section:

" 17. Effect of opening of book of strata register

(1) On authenticating the statement in Form 3 required to be contained in any book of the strata register, the Registrar shall make on the register document of title and the issue document 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 coming into existence by virtue of subsection (3), and shall return the issue document of title to that corporation.

(2) No entry shall thereafter be made on either of the documents of title except one affecting the common property.

(3) 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

21 -21. New section 17A.

The principal Act is amended by inserting after section 17 the following section:

" 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;

(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

22 -22. New section 19A.

The principal Act is amended by inserting after section 19 the following section:

" 19A. Transfer of ownership of strata titles

(1) Any original proprietor or any person or body appointed by a court of competent jurisdiction shall execute the transfer of strata title to the purchaser within thirty days from the date of issue of strata title 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 title within thirty days or any extended period approved by the Director from the date of notice of transfer of strata title being served to the purchaser 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 compl

23 -23. Amendment of heading of Part IV.

Part IV of the principal Act is amended in the heading by substituting for the words "PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING" the words "PROVISIONAL BLOCK: ISSUANCE OF STRATA TITLES".

24 -24. Substitution of section 20.

The principal Act is amended by substituting for section 20 the following section:

" 20. Circumstances in which it is compulsory for a proprietor of provisional strata title to apply for strata title

(1) The proprietor of provisional strata title shall, within the period specified in subsections (2) and (3), apply in accordance with subsections 20A(1) and 20B(1) for the subdivision of the building or land capable of being issued with strata titles, if at any time he has sold or agreed to sell any parcel in such building or land to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case where the sale of, or agreement to sell, any parcel of the building or the first of such sales or agreement takes place and the document that certifies the super structure stage is issued after the commencement of this Act, th

25 -25. New sections 20A and 20B.

The principal Act is amended by inserting after section 20 the following sections:

" 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

26 -26. Substitution of section 21.

The principal Act is amended by substituting for section 21 the following section:

" 21. Power of Director of Lands and Mines in relation to application

(1) On receiving an application made under section 20B, the Director shall-

(a) approve the subdivision if it appears to him that the conditions specified in section 10 are satisfied; or

(b) in any other case, reject the application.

(2) Where he has approved an application for subdivision of building or land, the Director shall-

(a) request the Director of Survey to prepare or cause to be prepared a certified strata plan; 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 paragraph 20A(8) (c) and fees for the preparation and registration of strat

27 -27. Amendment of section 22.

Section 22 of the principal Act is amended in paragraph (a) by substituting for the word "20(2) (c) " the word "20A(1) (d) ".

28 -28. Deletion of section 22A.

The principal Act is amended by deleting section 22A.

29 -29. Deletion of section 22B.

The principal Act is amended by deleting section 22B.

30 -30. Amendment of section 25.

Subsection 25(3) of the principal Act is amended by inserting after the words "management corporation" the words "and the approval from the relevant authorities".

31 -31. Amendment of section 26.

Subsection 26(3) of the principal Act is amended-

(a) by substituting for the words "Part VII" the words "the Strata Management Act 2013";

(b) by inserting after the words "subdivided building" the words "or land"; and

(c) by inserting after the words "when the building" the words "or land".

32 -32. Amendment of section 27.

Paragraph 27 (da) of the principal Act is amended by inserting after the words "management corporation", the words "and the approval from the relevant authorities".

33 -33. Amendment of section 28.

Paragraph 28(1) (da) of the principal Act is amended by inserting after the words "management corporation", the words "and the approval from the relevant authorities".

34 -34. Amendment of section 31.

Subsection 31(2) of the principal Act is amended by substituting for the words "subsection 28(2)" the words "paragraph 28(2) (a) ".

35 -35. Amendment of section 36.

Section 36 of the principal Act is amended-

(a) in paragraph (a) , by inserting after the words "of the proprietors;" the word "and";

(b) by deleting paragraph (b) ; and

(c) in paragraph (c) , by substituting for the words "pursuant to section 45, 63, or 66" the words "according to the Strata Management Act 2013".

36 -36. Substitution of section 37.

The principal Act is amended by substituting for section 37 the following section:

" 37. Restrictions on voting rights

Where a proprietor is for any reason unable to control his property, the powers of voting conferred on him by the Strata Management Act 2013 shall be exercisable by the person who is for the time being authorized by law to control that property.".

37 -37. Amendment of section 38.

Section 38 of the principal Act is amended by substituting for the words "Second Schedule" the words "Strata Management Act 2013".

38 -38. Deletion of Part VII.

The principal Act is amended by deleting Part VII.

39 -39. Amendment of section 57.

Subsection 57(4) of the principal Act is amended by substituting for paragraph (e) the following paragraph:

" (e) the management corporation shall distribute any profits arising from its proprietorship of the lot, including any purchase money received on a transfer, to the former proprietors proportionately based on the open market capital values of the parcels immediately before the termination of the subdivision ascertained in a valuation report prepared and certified by a registered valuer under the Valuers, Appraisers and Estate Agents Act 1981 [Act 242] .".

40 -40. Deletion of Part IXA.

The principal Act is amended by deleting Part IXA.

41 -41. Deletion of sections 76, 77 and 78.

The principal Act is amended by deleting sections 76, 77 and 78.

42 -42. Amendment of section 81.

Section 81 of the principal Act is amended by substituting for subsection (1) the following subsection:

"(1) The State Authority may, by notification in the Gazette , make rules not inconsistent with 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;

(b) the types of buildings, or the circumstances in which buildings are, to be classified as low-cost buildings;

(c) the types of buildings, or the circumstances in which buildings are, to be classified as special buildings;

(d) the formula for the proposed share units; and

(e) any matter which by this Act is required or permitted to be prescribed or is necessar

43 -43. Saving and transitional.

(1) Except as otherwise expressly provided in this Act or in rules made under this Act, the provisions of this Act shall apply to strata titles registered before the commencement of this Act.

(2) All applications or other matters that were in the course of being approved, or had been approved but no strata titles had been issued thereon, immediately before the commencement of this Act shall, after the coming into operation of this Act, shall be continued or concluded as if the principal Act had not been amended by this Act.

(3) Except as otherwise expressly provided under this Act, where a period of time specified in the principal Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provisions of this Act had been in force when the period began to run.

(4) The period of time referred to in subsection (3) shall be deemed-

(a) to run from the date or event

44 -44. Deletion of Second and Third Schedules.

The principal Act is amended by deleting the Second and Third Schedules.

45 -45. Amendment of Fifth Schedule.

The Fifth Schedule to the principal Act is amended-

(a) in paragraph 1-

(i) by substituting for the words "For the purposes of this Schedule-" the words "In this Schedule, unless the context otherwise requires-";

(ii) by inserting after the definition of "computer printed document of title" the following interpretation:

' "computer printed issue document of title" means an issue document of title prepared by use of a computer;';

(iii) by substituting for the full stop at the end of the definition of "Computerization System of Strata Titles" a semicolon and by inserting after that definition the following definitions:

'   "the Act"  means the Strata Titles Act 1985 [Act 318] ;

  "the Code"  means the National Land Code 1965 [Act 56/1965] .';

46 -46. New Sixth Schedule.

The principal Act is amended by inserting after the Fifth Schedule the following Schedule:

" Sixth Schedule

[Section 4B]

ELECTRONIC STRATA TITLES SYSTEM

1. Interpretation

In this Schedule, unless the context otherwise requires-

  "computerized strata register"  means any record of the strata register which consists of the computerized document of the strata register index, every computerized register document of strata title and copies of the digital certified strata plan corresponding to each parcel and, if any, provisional blocks registered under this Schedule;

  "document of strata titles"  means any computerized register document of title or computerized issue document of title stored virtually in the land database, and in