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4. Interpretation.
In this Act, unless the context otherwise requires-
"accessory parcel" means any parcel shown in a strata plan as an accessory
parcel which is used or intended to be used in conjunction with a parcel;
"aggregate share units" means the sum of the share units of the parcels (including
a provisional block) shown in an approved strata plan;
"Board" means the Strata Titles Board established under
section 67A;
"building" , in relation to a lot which is to be developed in stages, includes
any building partially completed or to be erected within the lot as shown or
specified in any proposed strata plan submitted for approval;
"by-laws" ,
in relation to a subdivided building or
land, means the by-laws which are in operation in respect of that building or
land made under
section 44 and as provided for in the
Third Schedule;
"Certificate of completion and compliance" has
the meaning assigned to it under section 3 of the Street, Drainage and Building
Act 1974 [Act 133];
"certified strata plan" means the plan prepared under subsection (1) of
section 13 and certified by the Director of Survey;
"Commissioner" means the Commissioner of Buildings
appointed under section 3 of the
Building and Common Property (Maintenance and Management) Act 2007 [Act
663];
"common property" means so much of the lot as is not comprised in any parcel
(including any accessory parcel), or any provisional block as shown in an approved
strata plan;
"council", in relation to a management corporation, means the council of
that management corporation elected under
section 39;
"delineation plan" means a plan showing the delineation
of land parcels;
"Director" means the Director of Lands and Mines for the State
or the Federal Territory
and includes a Deputy Director of Lands and Mines;
"Director of Survey" means the Director of Survey and Mapping for the State
or the Federal Territory and includes a Deputy Director of Survey and Mapping
;
"Federal Territory" means the Federal Territory of Kuala Lumpur
and the Federal Territory of Putrajaya;
"floor area", in relation to a parcel, means the area occupied by that parcel;
"form", followed by a number, means the form in the First Schedule identified
by that number;
"initial period", in relation to a management corporation, means the period
commencing on the day on which the management corporation is formed and ending
on the day on which there are proprietors, excluding the proprietor of the lot
who is registered as the proprietor of a parcel or parcels or a provisional
block or blocks the sum of whose share units is at least one-quarter
of the aggregate share units;
"Land Administrator" means the Land Administrator for the District appointed
under the National Land Code and includes an Assistant Land Administrator appointed
thereunder;
"land parcel" means a unit which is comprised therein
a subdivided land on which there is a completed building of not more than four
storeys which is held under a strata title;
"land surveyor" means the Director of Survey appointed under the National
Land Code or a land surveyor licensed to practise as such under any law for
the time being in force in relation to survey;
"location plan" means a location plan under subsection (2) of
section 10;
"low-cost building" means any building certified by the State Authority under
section 10B;
"managing agent" means any person or body appointed
by the State Authority under subsection 10B(6) or by the Commissioner of Buildings
under section 50;
"management corporation", in relation to any subdivided building
or land shown in an
approved strata plan, means the management corporation established under section
39;
"management fund" means a management fund established under section 45;
"Minister" means the Minister charged with the responsibility
for land matters;
"original proprietor" means the proprietor of the lot immediately before
the subdivision of building;
"parcel", in relation to a subdivided building, means one of the individual
units comprised therein, which (except in the case of an accessory parcel) is
held under separate strata title and in relation to a
subdivided land, means one of the individual units of land parcel;
"prescribed" means prescribed by rules made by the State Authority under
section 81;
"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
unless expressly provided otherwise;
"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
on building or land, 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;
"provisional share units" means the share value allotted to a provisional
block shown in an approved strata plan;
"provisional strata title" means the title registered and issued under section
16 in respect of a provisional block;
"purchaser" means any person or body who purchases
a parcel or who has any dealing with a licensed developer in respect of
the acquisition of such parcel;
"Registrar" means-
(a) in relation to strata titles which are dependent on Registry
titles, the Registrar of Titles or Deputy Registrar of Titles for the State;
and
(b) in relation to strata titles which are dependent on Land Office
titles, the Land Administrator for the District;
"share units", in respect of a parcel, means the share units determined for
that parcel as shown in the schedule of share units;
"special account", in relation to a management corporation, means the account
established under section 46;
"special building" means any building occupied before
June 1996;
"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 the management corporation or
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 of the management corporation;
"storey" means any horizontal division of a building whether or not on the
same level throughout and whether above or below the surface of the ground;
"storey plan" means a storey plan under subsection (3) of section 10;
"strata plan" means a location plan and a storey plan, and includes a plan
of division or amalgamation of any parcels shown in an approved strata plan
and in the case of land parcels, includes a delineation
plan;
"strata register" means the register of strata titles maintained under the
provisions of section 15;
"strata roll", in relation to a subdivided building
or land, means the roll maintained under paragraph (i) of subsection
(1) of section 43;
"Strata titles" means the title issued under section 16;
"subdivided building" means a building as subdivided under Part II;
"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.
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