|
STRATA TITLES (FEDERAL TERRITORY OF PUTRAJAYA) RULES 2003
PU(A) 5/2003
In force from: 9 January 2003
Jil. 4 No. 1 7hb Januari 2003 TAMBAHAN No. 4 9 PERUNDANGAN (A)
IN exercise of the powers conferred by section 81 of the Strata Titles
Act 1985 [Act 318], the Minister makes the following rules:
1. Citation and commencement.
(1) These rules may be cited as the
Strata Titles (Federal Territory
of Putrajaya) Rules 2003.
(2) These Rules come into operation on 9 January 2003.
2. Interpretation.
In these Rules—
"the Act" means the Strata Titles Act 1985;
"Minister" means the Minister charged with the responsibility for lands in
the Federal Territory of Putrajaya;
"public authority" means the Perbadanan Putrajaya or the Federal Land
Commissioner; and
"Federal Territory" means the Federal Territory of Putrajaya.
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
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 of fees in certain cases.
Notwithstanding rule 4, the Land Executive Committee of the Federal
Territory of Putrajaya may in any particular case or in respect of any
particular area, grant partial or total exemption from the payment of the
prescribed fees.
6. Deposit.
(1) The notice calling for a deposit required under paragraph 9(2)(c)
of the Act shall be made in Form A.
(2) A letter in Form B shall accompany every payment of deposit.
7. Total exemption of fees in specific matters.
Notwithstanding rule 4, no fees shall be payable in respect of the
following matters:
(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 in the Form J.
8. 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 within one month after the expiration of the initial
period as required by section 41 of the Act by giving a written notice of
such meeting in Form C 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 within one month
from the establishment of the management corporation as required by section
65 of the Act by giving a written notice of such meeting in Form D to all
parcel proprietors constituting the management corporation not less than
fourteen days before the meeting.
9. 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.
10. 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.
11. 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
effected by the management corporation;
(b) to decide 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 properties; 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 Land Executive Committee of the Federal Territory of
Putrajaya 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 effected
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.
12. 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 E 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.
13. 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 F under the hand of the person making the
appointment or his attorney.
14. Voting rights of 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 shall 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.
15. 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 co-proprietor may demand a poll.
(3) On a poll, each co-proprietor shall be entitled to such number or
votes attaching to his parcel as is proportionate to his interest in the
parcel.
16. Record of number of votes at the election of council members.
In conducting the election of council members at the meetings, the number
of votes obtained by each candidate shall be recorded in Form G.
17. 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 H to all parcel
proprietors inviting nominations 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.
18. Classification of buildings as low-cost and issue of certificate.
(1) An application by a proprietor of any alienated land for the purpose
of classifying any building to be a low-cost building under section 58 of
the Act shall be in Form I.
(2) Where a building is classified as a low-cost building, a certificate
in Form J shall be issued to the proprietor of the land.
19. 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 K.
20. 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 L.
(2) An application by a management corporation of a low-cost building
pursuant to section 67 of the Act shall be in Form M. |
