Malaysia legislation
Section 57
Section 57
(a)
the building is totally destroyed; or
(b)
the parcel proprietors seek to demolish the building or, in the case of a building which has been partially destroyed, the remaining parts of the building; or
(c)
there is only one proprietor for all the parcels, after making sure that no land revenue is outstanding may be directed by unanimous resolution to take action to terminate the subdivision of the building or land; and, subject to any order of a court of competent jurisdiction made under subsection (7), the management corporation if so directed shall lodge with the Registrar a notification in Form 8
together with the issue documents of title of the land and the parcels and of provisional blocks, if any.
(2)
On receipt of a notification under subsection (1) and if the
Registrar is satisfied, he shall make a memorial of the notification in the register and the strata register, and shall inform the Director of Survey that he has done so.
(3)
On the making of a memorial under subsection (2) in respect of a subdivided building or land—
(a)
the subdivision shall be terminated and the proprietors shall cease to be proprietors of the parcels and provisional blocks;
and
(b)
the management corporation shall become the proprietor of the lot as the trustee of the former proprietors.
(4)
Where the management corporation becomes the proprietor of the lot under subsection (3)—
(a)
any registered charge on a parcel which existed immediately before the termination of the subdivision shall be converted
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into a personal obligation of the chargor to pay to the chargee what is due under the charge;
(b)
each of the former proprietors shall continue to be a member of the corporation, having the same voting rights as he had immediately before the termination of the subdivision;
(c)
the management corporation shall hold and manage the lot for the benefit of the former proprietors;
(d)
the former proprietors may by unanimous resolution direct the management corporation—
(i)
to transfer the lot to any one or more of the former proprietors or to any other person or body; and
(ii)
to determine the reasonable period for the management corporation to continue in existence to settle its affairs; and
(e)
the management corporation shall distribute any profits arising from its proprietorship of the lot, including any purchase money received on a transfer, to the former proprietors proportionately based on the open market capital values of the parcels immediately before the termination of the subdivision ascertained in a valuation report prepared and certified by a registered valuer under the Valuers, Appraisers and Estate Agents Act 1981 [Act 242].
(5)
Notwithstanding the termination of a subdivision under this section, the relevant book of the strata register shall continue in existence while the management corporation remains the proprietor of the lot and may be used in evidence as a record of matters relating to the subdivision before its termination.
(6)
Where the management corporation, having become the proprietor of the lot under subsection (3), transfers the lot in pursuance of a direction under paragraph (4)(d)—
80 Laws of Malaysia ACT 318
(a)
the management corporation shall continue in existence for so long as it is reasonably necessary to settle its affairs and shall then cease to exist;
(aa) informing the Registrar the date that the management corporation shall cease to exist; and
(b)
the Registrar shall cancel the relevant book of the strata register.
(7)
A court of competent jurisdiction, if it is satisfied that the justice of the case so requires—
(a)
may on the application of the management corporation, a parcel proprietor or the registered chargee of a parcel make an order—
(i)
directing the management corporation to take action under subsection (1) notwithstanding the absence of a unanimous resolution; or
(ii)
prohibiting the management corporation from taking action under subsection notwithstanding a direction given by unanimous resolution; and
(b)
where the management corporation has transferred the lot in pursuance of a direction under paragraph (4)(d), may on the application of the management corporation, a former proprietor or a former chargee make an order for the winding up of the affairs of the management corporation.
(8)
In this section—
“former chargee” means a person who, or a body which, immediately before the subdivision of a subdivided building or land is terminated under this section, is the registered chargee of a parcel in the building or land;
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“former proprietor” means a person who, or a body which, immediately before the subdivision of a subdivided building or land is terminated under this section, is the proprietor of a parcel in the building or land or of a provisional block on the land on which the building is situated.
PART VIIIA
EFFECT OF ACQUISITION OF SUBDIVIDED
BUILDING OR LAND
Procedure of taking formal possession of any subdivided building or land