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67A. Strata Titles
Board.
(1) There shall be established a Strata Titles Board
to hear and determine disputes under this act upon an application being made
by a proprietor or management corporation or any other person or body having
a registered interest in a parcel.
(2) Where, pursuant to an application under
subsection (1) for an order which is not included under this Part, the Board
may make such order as it deems just and expedient.
(3) The Board shall consist of a President and such
number of Deputy Presidents and other members who shall be appointed by the
Minister and the Minister may consult any relevant State Authority before
making such appointment.
(4) Not more than twenty persons shall be appointed by the
Minister to be members of the Board in addition to the President and Deputy
Presidents of the Board.
(5) The names of the President, Deputy Presidents and members appointed
under this section shall be notified in the Gazette.
(6) Except where otherwise provided by this Act, the Board shall, for the
purpose of hearing and determining a dispute of which the Board has
cognizance or any other matter with respect to which the Board has
jurisdiction under this Act, be constituted by a division of the Board
consisting of-
(a) the President or a Deputy President of the Board as
chairman; and
(b) two other persons to be selected by the chairman from
amongst the members of the Board appointed under subsection (4).
67B. Tenure of office.
(1) A member of the Board shall be appointed for a term of two years but
shall be eligible for reappointment.
(2) A member of the Board may resign by letter addressed to the
Minister.
(3) The Minister may at any time revoke the appointment of any
member of the Board and fill any vacancy in its membership.
67C. Continuation
of hearing.
(1) If after the Board has been constituted in relation to a dispute or
matter but before the dispute or matter has been determined a member of the
Board is unable to hear or continue to hear or to determine the dispute or
matter or ceases to be a member of the Board, as the case may be, whether by
death or otherwise, the Board shall be reconstituted in accordance with
subsection (6) of section 67A and the Board as reconstituted shall hear and
determine the dispute or matter or so much of the dispute or matter which
has not been determined, and in so hearing may have regard to the evidence
given, the arguments adduced and any interim order made during the previous
hearing.
(2) Notwithstanding subsection (1) and section 67B, a member of the Board
who resigns or whose appointment expires during the course of any
proceedings of the Board shall for the purpose of such proceedings and until
their determination be deemed to remain a member of the Board and shall
continue to hear and determine the dispute or matter which is the subject
matter of the proceedings.
67D. Bar to actions.
No action shall lie against any member of the Board in respect of
anything done or omitted to be done by him in good faith in the execution or
purported execution of his functions, powers and duties under this Part.
67E. Allowances.
(1) A member of the Board may be paid such allowances as may be
prescribed under this Act in respect of each day on which he is engaged in
the hearing and determining of a dispute or matter.
(2) In addition to the allowance provided for in subsection (1), the
President and the Deputy Presidents of the Board may be paid such allowances
as may be prescribed under this Act.
67F. Board to carry out its work expeditiously.
(1) The Board shall carry out its work expeditiously and shall make a
finding or determination within 6 months from the date it is constituted.
(2) The period specified in subsection (1) may be extended by the
President or a Deputy President of the Board where the dispute or matter
involves complex issues.
67G. Proceedings of
Board.
(1) The proceedings of the Board shall be open to the public and minutes
of the Board including a note of any oral evidence given before the Board
shall be kept by the President of the Board.
(2) The members of the Board shall be deemed to be public servants within
the meaning of the Penal Code [Act 574].
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