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STRATA TITLES (AMENDMENT) ACT 1996
AMENDING ACT A951


Date of Royal Assent 15 July 1996

Date of publication in the Gazette 1 August 1996
Date of coming into force: 2 August 1996
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 Clause (4) of Article 76 of the Federal Constitution, BE IT ENACTED by the 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 1996.

2.  Amendment of section

The Strata Titles Act 1985, which in this Act is referred to as the "principal Act", is amended in section 4-

(a) by inserting after the definition of "special account" the following definition:

' " special resolution" means a resolution which is passed at a duly convened general meeting of a management corporation of which at least fourteen days' notice specifying the proposed resolution has been given by proprietors who together are entitled to not less than one-quarter of the aggregate share units and who together constitute not less than one-quarter of the membership;'; and

(b) by substituting for the definition of "unanimous resolution" the following definition:

' " unanimous resolution" means a resolution which is passed at a duly convened general meeting of a management corporation of which at least twenty one days' notice specifying the proposed resolution has been given and against which no vote is cast.'.

3.  Amendment of section 6.

Subsection 6(1) of the principal Act is amended by substituting for the words ", but only into parcels to be held as accessory parcels" the words "into parcels to be held under strata titles or into accessory parcels".

4.  Amendment of section 7.

Section 7 of the principal Act is amended

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

(b) by inserting after subsection (1) the following subsections:

"(2) Notwithstanding subsection (1), the proprietor of any alienated land held under qualified title which has been. duly surveyed and in respect of which a certified plan has been approved by the Director of Survey, may apply to the Director for the subdivision of any building thereon.

(3) For the purposes of subsections (1) and (2), an application may be made notwithstanding that the building has not yet been certified by the local authority to be fit for occupation or use.".

5.  Amendment of section 9.

Section 9 of the principal Act is amended

(a) in subsection (1)

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

(ii) by substituting for the full stop at the end of paragraph (j) a semicolon; and

(iii) by inserting after paragraph (j) the following paragraphs:

"(k) that, where the land is held under qualified title as specified in subsection (2) of section 7, the final title to the land has been registered; and

(l) that the building to be subdivided has been certified by the local authority to be fit for occupation or use.".

6.  Amendment of section 10.

Section 10 of the principal Act is amended

(a) in subsection (I)-

(i) by inserting after the word "building" the words "and any approved amendments thereto" in subparagraph (b)(i); and

ii) by inserting after paragraph (ca) the following paragraph:

"(cb) in a case where the land is held under qualified title as specified in subsection (2) of section 7, the certified plan of the land as approved by the Director of Survey, to be submitted in triplicate;";

(b) by substituting for subsection (8) the following subsection:

"(8) Upon receipt of any application under subsection (1), the Land Administrator shall endorse, or cause to be endorsed, a note of the making thereof on the register document of title, and shall then-

(a) refer the application to the Director of Survey;

(b) in the case where the land is held under qualified title as specified in subsection (2) of section 7, take appropriate action in respect of the conversion of the qualified title to final title; and

(c) in the case where the building to be subdivided has not yet been certified to be fit for occupation or use, forthwith inform the applicant to obtain the certificate of fitness for occupation from the local authority within the time specified."; and

(c) in subsection (10) by substituting for the full stop at the end of the proviso a colon and inserting thereafter the following proviso:

"And provided further that-

(a) where the land is held under qualified title, the final title thereto has been registered by the registering authority; and

(b) where the building has not yet been certified fit for occupation or use, the certificate has since been obtained and has been submitted by the applicant.".

7.  Amendment of section 10A.

Section I OA of the principal Act is amended-

(a) by substituting for the full stop at the end of subsection (1) a colon; and

(b) by inserting after subsection (1) the following

"Provided that no building or buildings having only one storey shall be included in the application for the issuance of a provisional strata title or titles for the provisional block or blocks.".

8.  Amendment of section 13.

Section 13 of the principal Act is amended-

(a) in subsection (2)

(i) by deleting the word "and" at the end of paragraph (a);

(ii) by substituting for the full stop at the end of paragraph (b) the words "; and"; and

(iii) by inserting after paragraph (b) the following paragraph:

"(c) a schedule showing the approved share units of each parcel and the total number of share units of all the parcels."; and

(b) by inserting after subsection (4) the following

subsection:

"(5) For the purposes of this section, the certified strata plan in respect of a provisional block shall contain a plan showing the position of the provisional block and the vertical section of the block.".

9.  Amendment of First Schedule

The First Schedule to the principal Act is amended in Form 1 by inserting after subparagraph 3(e) the following subparagraph:

"(ea) three copies of the certified plan of the land

required under section 10(1)(cb);".

10.  Amendment of second Schedule

The Second Schedule to the principal Act is amended by deleting paragraph 18.

 

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