Section 2

any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels, and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title; or

any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985 [Act 318];

“subdivided building or land” means a building or land as subdivided under the Strata Titles Act 1985;

“bank or financial institution” means a bank or financial institution licensed under the Banking and Financial Institutions Act 1989

[Act 372] or the Islamic Banking Act 1983 [Act 276], or regulated by the Central Bank under any written law;

“Central Bank” means the Central Bank of Malaysia referred to in the Central Bank of Malaysia Act 2009 [Act 701];

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“provisional block” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;

“Charges” means any money collected to be deposited into the maintenance account;

“managing agent” means a person who is appointed by the

Commissioner under section 86;

“common property”—

in relation to a building or land intended for subdivision into parcels, means so much of the development area—

as is not comprised in any parcel or proposed parcel; and

in relation to a subdivided building or land, means so much of the lot—

as is not comprised in any parcel, including any accessory parcel, or any provisional block as shown in a certified strata plan; and

that is designated in a comprehensive resolution referred to in section 17a of the Strata Titles Act 1985 for the exclusive benefit of the proprietors of two or more, but not all, parcels; and

for which a certificate has been issued by the Director certifying that the subsidiary management corporation has been constituted under the Strata Titles Act 1985;

“management committee”, in relation to a management corporation, means the committee of the management corporation elected under section 56;

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“joint management committee”, in relation to a joint management body, means the committee of the joint management body elected under section 22;

“subsidiary management committee”, in relation to a subsidiary management corporation, means the committee of the subsidiary management corporation elected under section 63;

“approved company auditor” has the meaning assigned to it in the Companies Act 1965 [Act 125];

“licensed land surveyor” means a surveyor licensed under the

Licensed Land Surveyors Act 1958 [Act 458];

“development area”—

in relation to a building or land intended for subdivision into parcels, means any land on which the building or land intended for subdivision into parcels is developed or is in the course of development or intended to be developed; and

in relation to a subdivided building or land, means any alienated land held as one lot under final title (whether

Registry or Land Office title) on which the subdivided building or land is developed;

“local authority area” means any area in a State that has been declared by the State Authority to be a local authority area in accordance with section 3 of the Local Government Act 1976

[Act 171];

“Government” means the Federal Government or the State

Government;

“special resolution” means a resolution which is passed at a duly convened general meeting of which at least twenty-one days’

notice specifying the proposed resolution has been given, and carried by a majority consisting of not less than three-quarters of the valid votes cast at the general meeting by a show of hands, or if a poll is demanded and taken, by a majority consisting of not less than three-quarters in number of the valid votes cast on such poll;

“comprehensive resolution” means a resolution which—

is considered at a duly convened general meeting of the management corporation of which at least thirty days’

notice specifying the resolution has been given; and

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at the end of the period of sixty days after the general meeting in paragraph (a) is convened, on a poll, the total of the share units of the parcels for which valid votes are counted for the resolution is at least two-thirds of the aggregate share units of the parcels of all the proprietors who constitute the management corporation at the end of such period;

“unanimous resolution” means a resolution which is passed at a duly convened general meeting of which at least twenty-one days’ notice specifying the proposed resolution has been given, and carried by every valid vote cast at the general meeting by a show of hands, or if a poll is demanded and taken, by every vote cast on such poll;

“exclusive benefit”, in relation to a limited common property, includes but is not limited to the exclusive use or enjoyment of, and right to contributions and earnings in respect of, the limited common property but excludes any proprietary interest;

“Minister” means the Minister charged with the responsibility for local government;

“certified strata plan” has the meaning assigned to it in section 4

of the Strata Titles Act 1985;

“developer”—

in relation to a development area, means any person or body of persons, by whatever name described, who develops any land for the purpose of residential, commercial or industrial use, or a combination of such uses; and

in relation to a subdivided building or land, includes the original proprietor of the lot before the subdivision, and includes the executors, administrators and successors-in-title and permitted assigns of such person or body of persons, and in a case where the person or body of persons is under liquidation, includes such person or body appointed by a court of competent jurisdiction to be the provisional liquidator or liquidator;

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“purchaser” means the purchaser of a parcel and includes any person or body who has acquired an interest as a purchaser in the parcel or any person or body for the time being registered as a parcel owner in the register of parcel owners under subsection 30(1);

“proprietor” has the meaning assigned to it in section 4 of the

Strata Titles Act 1985;

“original proprietor” has the meaning assigned to it in section 4

of the Strata Titles Act 1985;

“parcel owner” means the purchaser or the developer in respect of those parcels in the development area which have not been sold by the developer;

“Registrar” has the meaning assigned to it in section 4 of the

Strata Titles Act 1985;

“Director” has the meaning assigned to it in section 4 of the

Strata Titles Act 1985;

“occupier” means the person in actual occupation or control of the parcel or land parcel, but, in the case of premises for lodging purposes, does not include a lodger;

“registered property manager” means a property manager registered under the Valuers, Appraisers and Estate Agents Act 1981 [Act 242];

“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;

“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles

Act 1985;

“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;

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“parcel”—

in relation to a building intended for subdivision, means one of the individual units comprised therein, which

(except in the case of an accessory parcel) is to be held under a separate strata title;

in relation to a land intended for subdivision, means one of the individual units of land parcels which is to be held under a separate strata title;

in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an accessory parcel) is held under a separate strata title; and

in relation to a subdivided land, means one of the individual units of land parcels which is held under a separate strata title;

“accessory parcel” has the meaning assigned to it in section 4

of the Strata Titles Act 1985;

“land parcel” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;

“local authority”—

means any local authority established or deemed to have been established under the Local Government Act 1976;

in relation to the Federal Territory of Putrajaya, means the

Perbadanan Putrajaya established under the Perbadanan

Putrajaya Act 1995 [Act 536];

in relation to the Federal Territory of Labuan, means the

Perbadanan Labuan established under the Perbadanan

Labuan Act 2001 [Act 609];

in relation to the Federal Territory of Kuala Lumpur, means the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190]; and

includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions which are conferred and imposed on a local authority under any written law;

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“Tribunal” means the Strata Management Tribunal established under Part IX;

“by-laws” means the by-laws which are in operation in respect of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property as—

prescribed by the regulations made under section 150

for regulating the control, management, administration, use and enjoyment of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property; or

provided for in any additional by-laws made under section 32, 70 or 71;

“share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;

“aggregate share units” means—

in relation to a building or land intended for subdivision into parcels, the sum of the allocated share units of the parcels or proposed parcels, including a provisional block, in a development area; or

in relation to a subdivided building or land, the sum of the share units of the parcels, including a provisional block, as shown in the strata register prepared and maintained by the Registrar under the Strata Titles Act 1985;

“provisional share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;

“allocated share units” means the share units assigned to each parcel intended for subdivision by the developer’s licensed land surveyor or in a case where share units have not been so assigned, means the share units assigned under section 8.

Construction of the Act