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STRATA TITLES (AMENDMENT) ACT 1990
ACT A753

Date of Royal Assent 8 February 1990
Date of Publication in Gazette 22 February 1990
Date of coming into force: 23 February 1990


An Act to amend the Strata Titles Act 1985.

WHEREAS it is expedient for the purpose only of ensuring uniformity of law and policy to amend the Strata Titles Act 1985:

Now, THEREFORE, pursuant to the provisions of Clause (4) of Article 76 of the Constitution, BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows.:
 

1. Short title.

This Act may be cited as the Strata Titles (Amendment) Act 1990.

 

2.  Amendment of section 4.

Section 4 of the Strata Titles Act 1985 [Act 318], which in this Act is referred to as "the principal Act", is amended-

(a) by deleting the word "parcel" appearing immediately after the words "on which there are" in the definition of "initial period";

(b) by inserting, immediately after the words "of a parcel or parcels" in the definition of "initial period", the words "or a provisional block or blocks";

(c) by substituting the words "or 64" in the definition of "management corporation" with the words ", 64 or 64A";

(d) by inserting, immediately after the word which" in the definition of "parcel" the words "(except in the case of an accessory parcel)";

(e) by substituting the definition of "proprietor" with the following:

' "proprietor" refers to a parcel proprietor, that is to say, a person or body for the time being registered as the proprietor of a parcel, as well as to the proprietor of a provisional block, that is to say, a person or body for the time being registered as the proprietor of a provisional block;'; and

(f) by substituting the definition of "provisional block" with the following:

' "provisional block" means-

(a) in relation to a proposed strata plan, a block in respect of a building proposed to be, or in the course of being, erected, for which a separate provisional strata title is applied for;

(b) in relation to an approved strata plan, such a block shown therein, for which a provisional strata title is to be registered; and

(c) in relation to a book of strata register, such a block shown therein, for which a provisional strata title has been registered;'.

3.  Amendment of section 6.

Section 6 of the principal Act is amended-

(a) by deleting the words "each to be held under a separate strata title" in subsection (1); and

(b) by inserting, immediately after the word "parcels" in subsection. (1), the words "; and any building or buildings having only one storey on the same land shall also be capable of being subdivided, but only into parcels to be held as accessory parcels".

4.  Amendment of section 8.

Section 8 of the principal Act is amended-

(a) by substituting the words "on or before the dates" in subsection (1) with the words "within the period";

(b) by substituting the section number "9" in subsections (1) and (3) with the number "10";

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

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

(a) in the case of a building completed on a date after the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the date of the sale or agreement or the first of such sales or agreements;

(b) in the case of a building completed on a date before the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from the commencement of this subsection;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the commencement of this subsection or six months from the date of the sale or agreement or the first of such sales or agreements, whichever is the longer."; and

(d) by substituting subsection (6) with the following:

"(6) For the purposes of subsection (2), the date on which a building is completed shall be the date on which it is certified by any public or local authority to be fit for occupation or use.".

5.  Amendment of section 9.

Section 9 of the principal Act is amended-

(a) by substituting paragraph (a) with the following:

"(a) that it has been certified by a land surveyor-

(i) that the building or buildings are situated wholly within the boundaries of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building or buildings are so situated;

and, in a case where the certificate is one under subparagraph (ii), that there subsists a permit or permits issued under section 75A of the National Land Code in respect of every such eave, awning and balcony;";

(b) by substituting paragraph (b) with the following:

"(b) that, in the case of any building for the erection of which planning permission was required-

(i) it has been certified by an architect registered under the Architects Act 1967 or by a professional engineer registered under the Registration of Engineers Act 1967 that the building was constructed in accordance with the plans and specifications by reference to which that permission was given, stating therein the date on which such permission was given and the reference number thereof (if any); or

(ii) the case falls under subsection (6A) of section 10 and the requirements of that subsection have been satisfied;";

(c) by deleting subparagraph (i) of paragraph (f);

(d) by deleting the words "the land or" in subparagraph (iv) of paragraph (f);

(e) by deleting the word "and" at the end of paragraph (g);

(f) by substituting the full stop at the end of paragraph (h) with a semicolon, and by inserting, immediately after paragraph (h), the following new paragraphs (i) and (j):

"(i) that, where the land on which the building or buildings stand is held for a term of years, there still remains a period of not less than twenty-one years to run; and

(j) that the land on which the building or buildings stand is not subject to any charge or lien."; and

(g) by numbering the existing provisions, amended as aforesaid, as subsection (1) and inserting, immediately thereafter, the following subsection (2):

"(2) In the case of an application involving a provisional block or blocks by virtue of subsection (1) of section 10A, the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are also satisfied:

(a) that it has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(b) that the quantum of provisional share units assigned to each provisional block by the proprietor of the lot in his application in Form 1 is equitable; and

(c) that the proprietor has given the date by when he undertakes that the construction of the building or each building to which the provisional block or blocks relate will be completed, has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require, and has furnished a written statement to the effect that he agrees that the amount be forfeited to the Government in the event that, by that date or by such later date as the Director may allow, the construction of the building to which the provisional block relates is not completed or, if completed, the building has not been certified by a public or local authority to be fit for occupation or use.".

6.  Amendment of section 10.

Section 10 of the principal Act is amended-

(a) by inserting, immediately after paragraph (a) of subsection (1), the following new paragraph (aa):

"(aa) except in a case falling under subsection (6A), the building plans approved by the planning authority, to be submitted in triplicate;";

(b) by substituting subparagraph (i) of paragraph (b) of subsection (1) with the following:

"(i) that he has made a comparison of the plans to the original plans of the building prepared by the architect or professional engineer responsible for its construction, or, in a case falling under subsection (6A), to the plans of the building mentioned in paragraph (a) of that subsection; and";

(c) by substituting paragraph (c) of subsection (1) with the following:

"(c) the certificates of a land surveyor, registered architect or registered professional engineer, referred to in paragraph (a), and subparagraph (i) of paragraph (b), of subsection (1) of section 9 and, where applicable, the certificate of a land surveyor referred to in paragraph (a) of subsection (2) of section 9;";

(d) by inserting, immediately after paragraph (c) of subsection (1), the following new paragraph (ca):

"(ca) a permit or permits referred to in paragraph (a) of subsection (1) of section 9, in a case where the certificate of a land surveyor is one under subparagraph (ii) of that paragraph;";

(e) by substituting paragraph (d) of subsection (1) with the following:

"(d) the written consents to the making of the application of every person who, at the time of the application, is entitled to the benefit of-

(i) a charge of the land;

(ii) a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;

(iii) a charge of such a lease; or

(iv) a lien over the land or any such lease;";

(f) by deleting paragraph (d) of subsection (2) and paragraph (f) of subsection (3);

(g) in the national language text only, by substituting the words "binaan kekal yang" in paragraph (b) of subsection (3) with the word "dengan";

(h) by inserting, at the end of paragraph (b) of subsection (4), the word "and", by deleting the word "and" at the end of paragraph ( c) of that subsection and by deleting paragraph (d) of that subsection;

(i) by deleting from paragraph (a) of subsection (6) the words ", and in the case of any provisional block the quantum of provisional share units shall similarly be shown therein for the provisional block"; and

(j) by inserting, immediately after subsection (6), the following new subsection (6A):

"(6A) If the plans and specifications by reference to which planning permission for the erection of the building was given are not available, so that it is not possible to give the certificate required by subparagraph ( i) of paragraph (b) of subsection (1) of section 9, the application under subsection (1) shall be accompanied-

(a) in lieu of the building plans mentioned in paragraph (aa) of that subsection, by plans of the building, in triplicate, certified by an architect registered under the Architects Act 1967 as having been drawn according to the actual features of the building and as truly representing those features; and

(b) in addition to the other matters required under subsection (1), by the certificate of a duly authorised officer of the appropriate local planning authority that the building as represented by the plans mentioned in paragraph (a) was erected with planning permission but the plans and specifications by reference to which that permission was given are no longer available, and that the local planning authority is nevertheless satisfied that the building as so represented satisfies planning requirements.".

7.  New section 10A.

The principal Act is amended by inserting, immediately after section 10, the following new section l0A:

10A. Application for subdivision in the case of phased developments.

(1) An application under section 10, except where it relates to a low-cost building or buildings, may include an application for the issue of a provisional strata title or titles for a provisional block or blocks in respect of a building or buildings, being a building or buildings capable according to section 6 of being subdivided, proposed to be, or in the course of being, erected on the lot in question.

(2) Where an application under section 10 involves a provisional block or blocks by virtue of subsection (1), the following requirements relating to the provisional block or blocks shall, in addition to the requirements of section 10 relating to the particular building or buildings to be subdivided, be observed in making the application:

(a) the application shall be accompanied by the building plans approved by the planning authority for the building or buildings to be, or in the course of being, erected, to be submitted in triplicate;

(b) the location plan shall include a legend, and shall delineate the position, of each provisional block, showing, in accordance with the approved building plans, the vertical section and dimensions of the building to which the provisional block relates;

(c) the application shall be accompanied, as forming part of the proposed strata plan, by a storey plan in triplicate in respect of each provisional block, which shall delineate the external boundaries, and show, in accordance with the approved building plans, the horizontal dimensions of the building to which the provisional block relates, without it being necessary to show any bearings; and

(d) the proposed strata plan shall show the proposed quantum of provisional share units for each provisional block.".

8.  New section 14A.

The principal Act is amended by inserting, immediately after section 14, the following new section 14A:

14A. Failure to pay amount demanded.

(1) If the proprietor fails to pay any amount demanded pursuant to subsection (2) of section 12 within one month of being served with the demand, he shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand ringgit and to a further fine not exceeding fifty ringgit for each day the offence continues to be committed.

(2) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding one month.".

9.  Amendment of section 15.

Section 15 of the principal Act is amended-

(a) by inserting, immediately after the words "any of those parcels" in subparagraph (i) of paragraph (b) of subsection (2), the words "or provisional blocks";

(b) by inserting, at the end of paragraph (d) of that subsection, the words "and each provisional block"; and

(c) by inserting, immediately after subsection (3), the following new subsection (3A):

"(3A) Where the proprietor of the lot, after being given reasonable notice by the Registrar, fails to supply the name of the management corporation or the address for service of documents thereon as required by subsection (3), the Registrar-

(a) as regards the name of the management corporation, shall himself determine the name to be stated in the index in Form 2; or

(b) as regards the address for service, shall cause to be stated in the index in Form 2 the postal address of any building erected within the lot.".

10.  Amendment of section 17.

Section 16 of the principal Act is amended-

(a) by substituting paragraph (a) of subsection (2) with the following:

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

(b) by deleting subsection (4).

11.  Amendment of section 17.

Section 17 of the principal Act is amended by inserting, immediately after subsection (2), the following new subsection (3):

"(3) In its application to a low-cost building, this section shall be construed with the omission of-

(a) all the words in subsection (1) after the words "has been opened"; and

(b) subsection (2).".

12.  Substitution of section 19.

The principal Act is amended by substituting section 19 with the following:

19. Provisional share units of a provisional block.

Every provisional block shall have a share value as approved by the Director, which shall be expressed in whole numbers and taken as provisional share units."

13.  Amendment of section 20.

Section 20 of the principal Act is amended-

(a) by inserting, immediately after the words ,.occupation or use," in subsection (1), the words "but in any case within six months from the date the building is so certified,";

(b) by inserting, immediately after subsection (1), the following new subsection (1A):

"(1A) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding three months.";

(c) by substituting the words "a land surveyor" in paragraph (b ) of subsection (2) with the words "an architect registered under the Architects Act 1967 or of a professional engineer registered under the Registration of Engineers Act 1967";

(d) by inserting, at the end of that paragraph, the words "and any approved amendments thereto";

(e) by inserting, immediately after that paragraph, the following new paragraph (ba):

"(ba) a copy of the approved building plan and approved amendments thereto referred to in paragraph (b);";

(f) by substituting the paragraph number "(c)" in paragraph (p) of subsection (2) with the paragraph number "(b)"; and

(g) by inserting, immediately after that paragraph, the following new paragraphs (ca) and (cb):

"(ca) a certificate by a land surveyor-

(i) that the building is situated wholly within the boundaries of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building is so situated;

and, in a case where the certificate is one under subparagraph (ii), a subsisting permit or permits issued under section 75A of the National Land Code in respect of every such eave, awning and balcony;

(cb) a certificate by a land surveyor

(i) that the building is situated wholly within the boundaries of its position as delineated in the location plan in compliance with paragraph ( b) of subsection (2) of section 10A; or

(ii) that, discounting any eave, awning, and any balcony which does not form part of a proposed parcel, the building is so situated;".

14.  Amendment of section 21.

Section 21 of the principal Act is amended-

(a) by inserting, at the end of paragraph (a) of subsection (1), the words "and any approved amendments thereto"; and

(b) by inserting, immediately after paragraph (a) of subsection (1), the following new paragraph (aa):

(aa) there has been no change in the number of parcels comprised in the building and the total floor area of the building, as indicated in the building plans submitted pursuant to paragraph (a) of subsection (2) of section 10A, and there has been no change in the total share units for the parcels from the quantum of provisional share units shown pursuant to paragraph (d) of subsection (2) of section 10A;".

15.  New sections 22A and 22B.

The principal Act is amended by inserting in Part IV, immediately after section 22, the following new sections 22A and 22B:

22A. Failure to apply under section 20.

Where an application under subsection (1) of section 20 is not made within the period specified in that subsection, or within that period as extended under subsection (2) of that section, the proprietor of the provisional strata title shall be guilty of an offence, and liable on conviction to a fine not exceeding five thousand ringgit and to a further fine not exceeding one thousand ringgit for each day the offence continues to be committed.

22B. Failure to pay amount demanded.

(1) If the proprietor of the provisional strata title fails to pay any amount demanded pursuant to subsection (2) of section 21 within one month of being served with the demand, he shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand ringgit and to a further fine not exceeding fifty ringgit for each day the offence continues to be committed.

(2) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding one month.".

16.  Substitution of heading of Part VI.

Part VI of the principal Act is amended by substituting its heading with the following:

"RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS".

17.  Amendment of section 34.

Section 34 of the principal Act is amended-

(a) by inserting, immediately after the word "parcel" in paragraph (a) of subsection (1), the words "(in the case of a parcel proprietor)"; and

(b) by deleting the word "parcel" in paragraph (b) of subsection (1).

18.  Amendment of section 36.

Section 36 of the principal Act is amended by deleting the word "parcel" in paragraphs (b) and (c).

19.  Amendment of section 38.

Section 38 of the principal Act is amended by deleting the word "parcel" appearing immediately after the words "the management corporation or a".

20.  Amendment of section 40.

Section 40 of the principal Act is amended-

(a) by deleting the word "parcel" appearing immediately after the words "but not all," in paragraph (a) of subsection (1);

(b) by inserting, at the end of that paragraph, the words "or provisional blocks"; and

(c) by substituting the word "or" appearing immediately after the words "as damages" in subsection (2) with the word "for".

21.  Amendment of section 41.

Section 41 of the principal Act is amended by deleting the word "parcel" in paragraph (c) of subsection (5).

22.  Amendment of section 42.

Section 42 of the principal Act is amended by substituting paragraph (ii) of the proviso to subsection (2) with the following:

"(ii) the corporation shall not have power to transfer any portion of the common property which forms part of the building or of the land on which the building stands.".

23.  Amendment of section 43.

Section 43 of the principal Act is amended-

(a) by inserting, immediately after the word 4 1 maintain" in paragraph (i) of subsection (1), the words ", in such form as may be prescribed,"; and

(b) by substituting paragraph (e) of subsection (2) with the following:

"(e) to collect during the initial period by way of contributions from proprietors in proportion to the share units or provisional share units of their respective parcels or provisional blocks; and".

24.  Amendment of section 44.

Section 44 of the principal Act is amended-

(a) by deleting the word "parcel" wherever it appears in paragraphs (a) and (b) of subsection (3); and

(b) by inserting, immediately after subsection (5), the following new subsection (5A):

"(5A) In subsection (5) "easement" includes a right or obligation created by section 35.

25.  Amendment of section 45.

Section 45 of the principal Act is amended-

(a) by substituting subsection (2) with the following:

"(2) The management corporation may invest any moneys in the management fund, but only in such investments or in such manner as may be approved at a general meeting.";

(b) by substituting paragraph (b) of subsection (3) with the following:

(b) raise the amounts so determined by levying contributions on the proprietors in proportion to the share units or provisional share units of their respective parcels or provisional blocks; and"; and

(c) by inserting, immediately after subsection (5), the following new subsection (5A):

"(5A) Any contribution levied under subsection (3) in respect of a provisional block shall be due and payable on the passing of a resolution to that effect by the management corporation and in accordance with the terms of that resolution, and may be recovered as a debt from the proprietor of the provisional block or, where the building to which the provisional block relates has been subdivided, from the proprietors of the parcels in the building, or their successors in title, in proportion to the share units of their respective parcels.".

26.  Amendment of section 47.

Section 47 of the principal Act is amended by deleting paragraph (d) of subsection (1) and paragraph (d) of subsection (3).

27.  Deletion of section 48.

The principal Act is amended by deleting section 48.

28.  Amendment of section 50.

Section 50 of the principal Act is amended by deleting the word "parcel" appearing immediately after the words "upon complaints by a" in subsection (1).

29.  Amendment of section 51.

Section 51 of the principal Act is amended by deleting the word "parcel" appearing immediately after the words "the management corporation, a" in subsection (1).

30.  Amendment of section 52.

Section 52 of the principal Act is amended-

(a) by substituting the words "parcel proprietor" in subsection (1) with the word "proprietors";

(b) by substituting the words "the share units of his parcel bear to the aggregate share units of all parcels" in subsection (1) with the words "the share units of his parcel or the provisional share units of his provisional block bear to the aggregate share units";

(c) by deleting the word "parcel" wherever it appears in subsection (2); and

(d) by deleting the word "parcel" in subsection (3).

31.  Amendment of section 53.

Section 53 of the principal Act is amended-

(a) by deleting the word "parcel" wherever it appears in subsection (1);

(b) by inserting, immediately after the words "subsection (5)" in subsection (1), the words " or (5A)";

(c) by deleting the word "parcel" in subsection (2); and

(d) by inserting, at the end of subsection (2), the words "or, in addition or as an alternative to recovery under this section, resort to recovery under section 53A".

32.  New section 53A.

The principal Act is amended by inserting, immediately after section 53, the following new section 53A:

53A. Recovery of sums by attachment of movable property.

(1) In the like circumstances in which the management corporation may, by virtue of subsection (2) of section 53, file a summons for the recovery of a sum which becomes recoverable as mentioned in subsection (1) of that section, the Land Administrator may, upon sworn application in writing made by any member of the council of the management corporation, issue a warrant of attachment in Form 7A authorising the attachment of any movable property belonging to the defaulting proprietor which may be found in the building or elsewhere in the State.

(2) The warrant shall be executed by a member of the council of the management corporation or by a person specially employed by the council to execute such warrants; and a person executing the warrant shall be deemed to be a public servant for the purposes of the Penal Code.

(3) A person executing the warrant-

(a) may, in the daytime, effect forcible entry into any house or building or any part thereof for the purpose of executing the warrant; and

(b) shall, immediately after attachment, make an inventory of the property attached under the warrant and serve a notice in Form 7B on the person who, at the time of attachment, was or appeared to be in possession of the property.

(4) If any person whose property is attached disputes the legality of the attachment, he may, within fourteen days of the date of attachment, apply to the Magistrate's Court having jurisdiction in the place of attachment for an order for the release of the property, and the Magistrate's Court, after making such enquiry as may be necessary, shall grant or refuse to grant the order.

(5) If the sum due is not paid within fourteen days from the date of attachment, the property attached or such portion thereof as may be sufficient to realise the sum shall be sold by public auction, unless within that period an application is made under subsection (4), in which case the property shall be held pending the decision of the Magistrate's Court and shall then be dealt with as the Magistrate's Court may order.

(6) If the Magistrate's Court refuses to grant an order for the release of the property, and that decision of the Magistrate's Court is reached within fourteen days from the date of attachment, the property shall not be sold before the expiry of that period.

(7) Notwithstanding subsections (5) and (6), if the property is of a perishable nature, it may be sold at once, and in that case the proceeds of sale shall be held pending the decision of the Magistrate's Court and shall then be dealt with as the Magistrate's Court may order.

(8) In any other case, the proceeds of sale shall be applied in satisfaction of the sum due together with the costs of the attachment and sale, and any surplus and any property not sold shall be paid or returned to the person who, at the time of attachment, was or appeared to be in possession of the property.

(9) The costs of attachment shall include the expenses of the maintenance of livestock and the custody of movable property.

(10) In this section, unless the context otherwise requires, "proprietor", in relation to the recovery of a sum recoverable by virtue of subsection (5) or (5A) of section 45 from a parcel proprietor, includes any successor in title to the parcel proprietor.

(11) Where any property is sold by virtue of subsection (7) before the expiry of fourteen days from the date of attachment, the reference in subsection (4) to an order for the release of the property shall be construed as a reference to an order for the release of the proceeds of the sale of the property.".

33.  Amendment of section 55.

Section 55 of the principal Act is amended by deleting the word "parcel" in subsection (1).

34.  Amendment of section 57.

Section 57 of the principal Act is amended-

(a) by inserting, at the end of subsection (1), the words "and of provisional blocks, if any";

(b) be deleting the word "parcel" appearing immediately after the words "and the" in paragraph (a) of subsection (3) and inserting, at the end of that paragraph, the words "and provisional blocks";

(c) by inserting, immediately after the words "share units" in paragraph (e) of. subsection (4), the words "or provisional share units"; and

(d) by inserting, at the end of the definition of "former proprietor" in subsection (8), the words "or of a provisional block on the land on which the building is situated".

35.  Amendment of section 58.

Section 58 of the principal Act is amended by inserting, immediately after subsection (2), the following new subsection (2A):

"(2A) No building erected in a provisional block shall be classified under subsection (1) or (2) to be a low-cost building.".

36.  New section.

The principal Act is amended by inserting, immediately after section 61, the following new section 61A:

61A. Restrictions imposed on original proprietor during period before management corporation comes into existence.

(1) Notwithstanding any other provisions of this Act, the original proprietor shall not, during the period before the management corporation comes into existence-

(a) use the lot concerned or any part thereof as security for any loan of moneys; or

(b) enter into any maintenance or service contracts for any periods extending beyond the date when the management corporation comes into existence.

(2) If the original proprietor contravenes subsection (1), the original proprietor shall be liable for any loss suffered by the management Corporation or any parcel proprietor as a result of the contravention and the management corporation or any parcel proprietor may recover from the original proprietor, as damages for breach of a statutory duty, any loss suffered by it or him in consequence of such contravention.

(3) Where any dealing in contravention of paragraph (a) of subsection (1) has been registered, such registration shall not pass any title or interest in the lot concerned or any part thereof, and the Registrar shall, upon discovery of the registration, cancel the registration, and no person or body affected by such cancellation shall be entitled to any compensation.".

37.  Amendment of sections 64.

Section 64 of the principal Act is amended-

(a) by inserting, immediately after the words "original proprietor," in subsection (1), the words "or upon the making of an order under subsection (2) of section 64A by the Director,"; and

(b) by deleting subsection (2) and inserting, immediately after subsection (1), the following new subsections (2) and (3):

"(2) Upon the coming into existence of the management corporation as provided in subsection (1), the Registrar shall-

(a) having regard to subsections (3) and (3A) of section 15, enter in the index in Form 2 the name of the management corporation and the address for service of documents thereon;

(b) make on the register and issue documents of title to the lot in question a memorial to the effect that the common property is vested in the management corporation; and

(c) return the issue document of title to the management corporation.

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

38.  New sections 64A.

The principal Act is amended by inserting, immediately after section 64, the following new section 64A:

64A. Applications for establishment of management corporation.

(1) The proprietors, other than the original proprietor, of parcels having share units totalling more than half of the total share units of all the parcels may apply to the Director for an order that a management corporation be established.

(2) Upon receiving the application, the Director, if satisfied that the original proprietor has failed to discharge his duties or exercise his powers under this Part satisfactorily, may order that a management corporation be established.

(3) The Director shall cause copies of the order to be furnished to any one of the applicants and the Registrar.

(4) Upon receiving a copy of the order, the Registrar shall-

(a) file the copy of the order;

(b) enter a memorial in the index in Form 2 that the management corporation is established pursuant to an order under this section; and

(c) take action as specified in paragraphs (a), (b) and (c) of subsection (2) of section 64.

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

39.  New sections.

The principal Act is amended by inserting, immediately after section 66, the following new section 66A:

66A. Breaches of provisions this part.

(1) If the original proprietor or the management corporation commits a breach of any of the provisions of this Part or makes default in complying with any requirements of, or duties imposed on it by, any of the provisions of this Part, the original proprietor or, as the case may be, the management corporation and every member of its council, and any other parcel proprietor, who knowingly is a party to the breach or default shall be guilty of an offence and shall be liable, on conviction, to a penalty expressly prescribed for such breach or default, or if no penalty is so prescribed, to a fine not exceeding two thousand ringgit.

(2) Where a requirement or duty is imposed on the original proprietor or the management corporation by this Part, any person for whose benefit or for the benefit of whose parcel that requirement or duty is imposed on the original proprietor or the management corporation may apply to a court of competent Jurisdiction for an order compelling the original proprietor or, as the case may be, the management corporation to carry out that requirement or perform that duty, as the case may be, and on such an application being made, the court may make such order as it thinks proper.".

40.  Deletion of sections 68, 71 and 72.

The principal Act is amended by deleting sections 68, 71 and 72.

41.  Amendment of sections 81.

Section 76 of the principal Act is amended-

(a) by deleting the word "parcel" wherever it appears immediately before the word proprietors" or "proprietor" in subsections (1) and (2); and

(b) by inserting, immediately after the words ',share units of the parcel" in subsection (2), the words "or the provisional share units of the provisional block".

42.  Amendment of sections 81.

Section 81 of the principal Act is amended by inserting, immediately after subsection (2), the following new subsection (3):

"(3) Rules made under subsection (1) may prescribe a penalty for any breach or contravention thereof of a fine not exceeding one thousand ringgit.

43.  New sections 84 and 85.

(1) The principal Act is amended by inserting, immediately after section 83, the following new sections 84 and 85:

84. Amendment of Forms.

The Minister may, with the approval of the National Land Council, by order notified in the Gazette of the Federation, amend or substitute any of the Forms in the First Schedule.

85. Transitional provisions with respect to rules, orders, etc.

Any rule, order, regulation, direction, notice or notification made, given or issued before the commencement of this Act under the provisions of the National Land Code repealed by subsection (1) of section 83 shall, if it could have been made, given or issued under any corresponding provisions of this Act, continue in force, and have the like effect, as if it had been so made, given or, as the case may be, issued.".

(2) The new section 85 shall be deemed to have come into force at the commencement of this Act.

44.  Amendment of First Schedule.

(1) The First Schedule to the principal Act is amended-

(a) by substituting Forms 1, 2, 3 and 4 with the new Forms 1, 2, 3 and 4 in the Schedule to this Act;

(b) by inserting, immediately after Form 4, the new Form 4A in that Schedule;

(c) by substituting Form 5 with the new Form 5 in that Schedule;

(d) by inserting, immediately after Form 7, the new Forms 7A and 7B in that Schedule; and

(e) by inserting, at the end of paragraph 2 of Form 8, the words "*/and of provisional blocks".

(2) The introduction of the new Forms 1 and 5 shall not prejudice pending applications made before the commencement of this Act using the existing Forms 1 and 5.

(3) Notwithstanding the introduction of the new Forms 2, 3 and 4, the existing Forms 2, 3 and 4 may continue to be used for a period of six months after the commencement of this Act.

45.  Amendment of Second Schedule.

The Second Schedule to the principal Act is amended-

(a) by inserting, immediately after the word "parcel" in subparagraph (2) (b) of paragraph 7, the words "or a proprietor of a provisional block";

(b) by substituting the full stop at the end of the proviso to subparagraph (2) of paragraph 8 with a colon;

(c) by inserting, immediately after that proviso, the following new proviso:

"And provided further that the holding of any annual general meeting out of time in breach of this paragraph shall not affect the validity of the annual general meeting.";

(d) by inserting, immediately before the words "share units" in subparagraph (2) (a) of paragraph 9, the word "aggregate";

(e) by inserting, immediately after the words "share units" in paragraph 15, the words "or provisional share units";

(f) by inserting, immediately after the word "parcel" wherever it appears in paragraph 15, the words "or provisional block";

(g) by inserting, immediately after the word "parcel" wherever it appears in subparagraph (3) of paragraph 16, the words "or provisional block"; and

(h) by inserting, immediately before the words "share units" in paragraph 18, the word "aggregate".

46.  Amendment of Third Schedule.

The Third Schedule to the principal Act is amended-

(a) by inserting, immediately before the word "proprietor" in the first line of by-law 2, the word "parcel";

(b) by deleting paragraph (d) of by-law 2;

(c) by renumbering the provisions of by-law 2, as amended, as paragraph (1);

(d) by inserting, immediately after paragraph (1) of by-law 2, the following new paragraph (2):

"(2) A proprietor shall use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other proprietors or their families or visitors.";

(e) by deleting the word "and" at the end of paragraph (c) of by-law 5;

(f) by substituting the words "of the proprietor or a registered chargee of his parcel" in paragraph (d) of by-law 5 with the words "of a proprietor or of a registered chargee of a parcel";

(g) by substituting the full stop at the end of paragraph (d) of by-law 5 with a semicolon and inserting, immediately after the semicolon, the word "and";

(h) by inserting, immediately after paragraph (d) of by-law 5, the following new paragraph (e):

"(e) without delay enter in the strata roll any intended change or any other dealing notified to it pursuant to subparagraph (g) of paragraph (1) of by-law 2."; and

(i) by inserting, immediately before the word "proprietor" in the first line of by-law 6 and in the marginal note thereto, the word "parcel".

 

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