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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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