Malaysia legislation
Section 32
Section 32
(2)
A developer during the developer’s management period may make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by the regulations made under section 150, with the approval of the Commissioner.
(3)
A joint management body may, by a special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by regulations made under section 150, for regulating the control, management, administration, use and enjoyment of the building or land intended for subdivision into parcels and the common property, including all or any of the following matters:
(a)
safety and security measures;
(b)
details of any common property of which the use is restricted;
(c)
the keeping of pets;
(d)
parking;
(e)
floor coverings;
Act 757
(f)
refuse control;
(g)
behaviour;
(h)
architectural and landscaping guidelines to be observed by all parcel owners; and
(i)
imposition of fine not exceeding two hundred ringgit against any parcel owner, occupant or invitee who is in breach of any of the by-laws.
(4)
The additional by-laws made under subsection (2) or (3)
shall bind the developer or the joint management body, as the case may be, and the parcel owners, and any chargee or assignee, lessee, tenant or occupier of a parcel to the same extent as if the additional by-laws—
(a)
had been signed or sealed by the developer or the joint management body, as the case may be, and each parcel owner and each such chargee or assignee, lessee, tenant or occupier, respectively; and
(b)
contain mutual covenants to observe, comply and perform all the provisions of those additional by-laws.
(5)
The developer or the joint management body, as the case may be, shall—
(a)
keep a record of the additional by-laws in force from time to time;
(b)
on receipt of an application in writing made by a parcel owner or a person duly authorized to apply on behalf of a parcel owner for a copy of the additional by-laws in force, supply to such parcel owner or person duly authorized by him, at a reasonable cost, a copy of the additional by-laws; and
(c)
on the application of any person who satisfies the developer or the joint management body, as the case may be, that he has a proper interest in so applying, make such additional by-laws available for inspection.
(6)
A copy of any additional by-laws made by the developer or the joint management body, as the case may be, and any amendment of any such additional by-laws for the time being in
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force, certified as a true copy under the seal of the developer or the joint management body, shall be filed by the developer or the joint management body with the Commissioner—
(a)
in the case where such additional by-laws are made by the developer, within fourteen days from the date of the approval of the Commissioner; and
(b)
in the case where such additional by-laws are made by the joint management body, within fourteen days from the date of the passing of the special resolution by the joint management body approving the additional by-laws.
(7)
The developer or the joint management body, as the case may be, or any parcel owner shall be entitled to apply to a court of competent jurisdiction or the Tribunal—
(a)
for an order to enforce the performance of or restrain the breach of, any by-laws by; or
(b)
to recover damages for any loss or injury to any person or property arising out of the breach of any by-laws from, any person bound to comply with the by-laws.
Recovery of sum as a debt due to joint management body