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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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