Malaysia legislation
Section 17B
Section 17B
(2)
Subject to subsection (3), the management corporation shall, in relation to the common property, have the powers conferred by the
National Land Code on a proprietor in relation to its land.
(3)
The management corporation—
(a)
shall exercise all the powers referred to in subsection (2) only on the authority of a unanimous resolution (except where it is specifically provided otherwise in this Act); and
(b)
shall not have the power to transfer, charge or lien any portion of the common property which forms part of the building or of the land on which the building stands.
(4)
Where an instrument is executed by the management corporation in the exercise of its powers under subsection (2), the instrument shall be accompanied by a document under the seal of the management corporation stating that—
(a)
the resolution directing the transaction to which the instrument relates was passed; and
(b)
the transaction conforms to the terms of the resolution.
(5)
The instrument executed under subsection (4) shall, in favour of the Registrar or a party to the transaction other than the management corporation, be conclusive evidence of the facts certified.
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