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1. Citation.
The Rules may be cited as the
Strata Titles (Federal Territory of Kuala Lumpur) Rules, 1988.
2. Interpretation.
In these Rules -
"Federal Territory" means the Federal Territory
of Kuala Lumpur;
"Minister" means the Minister charged with
the responsibility for land in the Federal Territory;
3. Application.
Every application, other than an application
for which a form has been prescribed in the First Schedule to the Act, shall
be made in writing in the Schedule to the Act, shall be made in writing in
the form prescribed in Schedule II to these Rules.
4. Administration fees.
The fees payable for various applications
and actions under the Act and these Rules shall be as specified in
Schedule I to these
Rules.
5. Exemption fees in certain cases.
Notwithstanding rule 4, the Minister may
in any particular case or in respect of any particular area, grant partial
or total exemption from the payment of the prescribed fees.
5A. Deposit.
(1) The notice calling for a deposit required
under section 9(2)(c) of the Act shall be made in the form prescribed
in Schedule 1A.
(2) A letter in the form prescribed in
Schedule 1B shall accompany
every payment of deposit.
6. Total exemption of fees in specific
matters.
Notwithstanding rule 4, no fees shall be
payable in respect of the following:
(i) application by any public authority
to subdivide a low-cost building;
(ii) application by management corporation
under section 67 of the Act; and
(iii) application by any public authority
to classify its building to be a low-cost building and to be issued with
a certificate of the fact.
7. Convening of the first annual general
meeting of management corporation.
(1) The original proprietor, other than
a proprietor of a low-cost building, shall convene the first annual general
meeting of the management corporation as required by section 41 of the Act
by giving a written notice of such meeting in
Form A in Schedule
II hereto to all parcel proprietors constituting the management corporation
not less than fourteen days before the meeting.
(2) The original proprietor of a low-cost
building shall convene the first annual general meeting of the management
corporation as required by section 65 of the Act by giving a written notice
of such meeting in Form
B in Schedule II hereto to all parcel proprietors constituting the management
corporation not less than fourteen days before the meeting.
8. Quorum at the first annual general
meeting.
(1) One-half of the persons entitled to
vote shall constitute a quorum at the first annual general meeting.
(2) If within half an hour after the time
appointed for the general meeting, a quorum is not present, the meeting shall
stand adjourned to the same day in the next week at the same place and time,
and if at the adjourned meeting a quorum is not present within half an hour
after the time appointed for the meeting, those persons entitled to vote who
are present shall constitute a quorum.
9. Chairman of the first annual general
meeting.
The first annual general meeting shall be
presided over by a chairman who shall be elected, from among themselves, by
those persons present who are entitled to vote.
10. Decision at the first annual general
meeting.
(1) The agenda for the first annual general
meeting of the management corporation of any subdivided building, other than
a low-cost building, shall include the following matters:
(a) to decide whether to confirm, vary
or extend insurances affected by the management corporation;
(b) to decided whether to confirm or vary
any amounts determined as contributions to the management fund;
(c) to determine the number of members
of the council and to elect the council where there are more than three
parcel proprietors; and
(d) to decide whether to amend, add to
or repeal the by-laws in force immediately before the holding of the meeting.
(2) The agenda for the first annual general
meeting in respect of low-cost building shall include the following matters:
(a) to decide whether the management corporation
shall manage the subdivided building in accordance with the provisions of
the Act or apply to the Minister for the appointment of a person or body
to be charged with the duties, powers and functions of the original proprietor
as provided for under the Act;
(b) in the event the management corporation
decides to operate under the provisions of the Act -
(i) to decide whether to confirm, vary
or extend insurances affected by the original proprietor;
(ii) to decide whether to confirm or
vary any amounts determined as contributions to the management fund;
(iii) to determine the number of members
of the council and to elect the council where there are more than three
parcel proprietors; and
(iv) to decide whether to amend, add
to or repeal the by-laws in force immediately before the holding of the
meeting.
11. Manner of deciding questions at the
first annual general meeting.
(1) A resolution at the first annual general
meeting shall be decided in the show of hands unless a poll is demanded by
a proprietor or his proxy.
(2) Unless a poll is demanded, a declaration
by the chairman that a resolution has been carried on a show of hands shall
be conclusive evidence of the fact.
(3) A demand for a poll may be withdrawn.
(4) Where a poll is taken, it shall be taken
in such manner as the chairman thinks fit, and the result of the poll shall
be recorded by using Form
C in Schedule II hereto and shall be deemed to be the resolution of the
meeting.
(5) In the case of an equality of votes
(whether on a show of hands or a poll) the chairman shall be entitled to a
casting vote.
12. Proxy.
(1) On a show of hands or poll, votes may
be cast either personally or by proxy.
(2) Any instrument appointing a proxy (who
need not be a proprietor) shall be in writing in
Form D in Schedule
II hereto under the hand of the person making the appointment or his attorney.
13. Voting rights of co-proprietors.
(1) Subject to subrule (2), each proprietor
who is not a co-proprietor shall have one vote on a show of hands, and on
a poll have such number of votes as that corresponding with the number of
share units attached to his parcel.
(2) Except where a unanimous resolution
is required, no proprietor shall be entitled to vote at the first annual general
meeting unless all contributions to the management fund of the corporation
in respect of his parcel have been duly paid.
14. Voting rights of co-proprietors.
(1) Co-proprietors may vote by means of
a jointly appointed proxy.
(2) In the absence of a proxy, co-proprietors
shall not be entitled to vote on a show of hands except where a unanimous
resolution is required.
Provided that any one co-proprietor may
demand a poll.
(3) On a poll, each co-proprietor shall
be entitled to such number of votes attaching to his parcel as is proportionate
to his interest in the parcel.
15. Record of number of votes at the
election of council members.
In conducting the election of council members
at the meeting; the number of votes obtained by each candidate shall be recorded
in Form E in Schedule
II hereto.
16. Nomination of candidates to be elected
to the council.
For purpose of electing members to the council
at the first annual general meeting of the management corporation, the original
proprietor may at any time before the meeting send a written notice in
Form F in Schedule
II hereto to all parcel proprietors inviting nomination of candidates to be
elected as council members of the management corporation giving a date by
which they are required to submit their nomination forms.
17. Classification of buildings as low-cost
and issue of certificate.
(1) An application by a proprietor of any
alienated land for purpose of classifying any building to be a low-cost building
under section 58 of the Act shall be in
Form G in Schedule
II hereto.
(2) Where a building is classified as a
low-cost building a certificate in
Form H in Schedule
II hereto shall be issued to the proprietor of the land.
18. Maintenance of strata rolls.
(1) Every management corporation shall prepare
and maintain a strata roll for the subdivided building pursuant to section
43 of the Act.
(2) The strata roll shall comprise of a
register for recording particulars relating to individual parcels and provisional
blocks (if any) and shall be in
Form I in Schedule
II hereto.
19. Application for appointment of person
or body to exercise powers, etc. of management corporation.
(1) An application by a parcel proprietor
or any other person or body having a registered interest in a parcel pursuant
to section 50 of the Act shall be in
Form J in Schedule
II hereto.
(2) An application by a management corporation
of a low-cost building pursuant to section 67 of the Act shall in be in
Form K in Schedule II hereto.
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