Malaysia legislation

Section 23O

of *STRATA TITLES ACT 1985

Section 23O

Strata Titles 65

(2)

The State Authority may in its absolute discretion refuse or allow any petition under this section, and if the State Authority allows the petition, may do so conditionally upon payment by the petitioner—

(a)

if the forfeiture involving a non-payment of rent—

(i)

all the sums now due which was required to be paid by the notice of demand served under section 23E of this Act;

(ii)

such penalty, not exceeding six times the sum which was required to be paid under subparagraph (i), as the

State Authority may think fit to impose; and

(iii)

such other sums paid by the transferee upon taking effect of forfeiture pursuant to subsection 23L(3);

66 Laws of Malaysia ACT 318

(b)

if the forfeiture involving a breach of condition, the State

Authority may determine the amount in respect of the expenses occasioned by the forfeiture; and

(c)

all sums as mentioned in paragraphs (a) or (b) shall be paid within one month beginning from the date on which it was communicated.

(3)

Where the petitioner fails to settle the amount which was required to be paid under paragraph (2)(c), the allowance of the petition for the annulment of the forfeiture shall be null and void.

(4)

Upon payment of all sums specified under paragraph (2)(c), the

Registrar shall make a memorial to effect the vesting of the parcel or provisional block to the petitioner on the register and issue documents of title.

Appeal against forfeiture