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PART X - MISCELLANEOUS
78. Costs in proceedings by proprietors against management
corporation.
(1) In any proceedings brought by one or more proprietors
against the management corporation, a court of competent jurisdiction may
order that any moneys (including costs) payable by the management corporation
pursuant to an order of the court made in those proceedings shall be paid,
only in respect of such parcels as are specified in the order and in such
proportions as may be so specified, by the management corporation out of contributions
levied for the purpose.
(2) Where the court makes an order under subsection (1),
the management corporation shall, for the purposes of paying the moneys ordered
to be paid by it, levy contributions in accordance with the terms of the order,
and pay the moneys out of the contributions paid pursuant to that levy.
79. Limitation Act 1953 not to extend to common property.
No action shall be brought by any person claiming title
by adverse possession to the common property of a lot or to any accessory
parcel or any part thereof created under this Act, and the provisions of the
Limitation Act, 1953 relating to adverse possession shall not extend to such
common property and accessory parcel.
80. Power of entry by public or local authority.
A public or local authority which is authorised by any written
law to enter upon part of a lot for the purposes of exercising any power conferred
on it, may enter upon any other part of that lot if it is necessary to do
so in order to exercise that power.
81. Power of state authority to make rules.
(1) The State Authority may by notification in the Gazette,
make rules not inconsistent with this Act for giving effect to the provisions
of this Act, and in particular but without limiting the generality of the
foregoing power in respect of all or any of the following matters:
(a) the fees to be paid for
any procedures or functions required or permitted to be done under this
Act and the remission of such fees;
(aa) the fees to be paid
in respect of applications made to the Board under this Act and the remission
of any such fees;
(ab) the practice and procedure
of the Board;
(b) the convening of the
first annual general meeting of a management corporation;
(c) the composition, nomination
and election of members of the council of a management corporation of a
subdivided building;
(d) the types of buildings
to be classified as low-cost buildings; and
(e) any matter which by this
Act is required or permitted to be prescribed or is necessary or convenient
to be prescribed for carrying out or giving effect to any provisions of
this Act.
(2) Rules made under subsection (1) may provide for matters
which differ in their application according to such factors as are specified
in the rules.
(3) Rules made under subsection (1) may prescribe a penalty
for any breach or contravention thereof of a fine not exceeding one thousand
ringgit.
80A. Prosecution.
No prosecution shall be instituted for an offence under
this Act or any rules made under this Act without the consent in writing of
the Public Prosecutor.
82.
Transitional provision.
(1) The State Authority may, for the purposes of applying
the provisions of this Act to subdivided buildings, subsidiary titles, parcels,
common property, management corporations and councils which were in existence
prior to the commencement of this Act, with or without modifications, additions
or exclusions to or in respect of any such subdivided buildings, subsidiary
titles, parcels, common property, management corporations or councils and
for purposes incidental thereto, make rules providing for such modifications,
additions or exclusions and such transitional, consequential or saving provisions
as the State Authority may deem to be necessary or expedient.
(2) Until rules are made under subsection (1), nothing contained
in this Act shall apply to any subdivision of a building effected, or to any
subsidiary title issued, or to any parcel, common property, management corporation
or council in existence, prior to the commencement of this Act, and the provisions
of the National Land Code shall continue to apply thereto in the same manner
as before the commencement of this Act.
(3) Nothing contained in the Fourth Schedule shall affect
the provisions of the National Land Code in their application to any subdivision
of a building effected, or to any subsidiary title issued, or to any parcel,
common property, management corporation or council in existence, prior to
the commencement of this Act.
83. Repeal and amendment of provisions of the National
Land Code.
(1) The provisions of the National Land Code as shown in
Part I of the Fourth Schedule are repealed.
(2) The provisions of the National Land Code as shown in
the first column of Part II of the Fourth Schedule are amended in the manner
set out in the second column thereof.
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 provision 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.
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