Malaysia legislation
Section 70
Section 70
(2)
A management corporation may, by special resolution, 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, for regulating the control, management, administration, use and enjoyment of the subdivided building or land 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;
(f)
refuse control;
(g)
behaviour;
(h)
architectural and landscaping guidelines to be observed by all proprietors; and
(i)
imposition of fine not exceeding two hundred ringgit against any proprietor, occupant or invitee who is in breach of any of the by-laws.
(3)
The additional by-laws made under subsection (2) shall bind the management corporation and the proprietors, and any chargee, 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 management corporation, and each proprietor and each such chargee, lessee, tenant or occupier, respectively; and
Strata Management 87
(b)
contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.
(4)
The management corporation 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 proprietor or by a person duly authorized to apply on behalf of a proprietor for a copy of the additional by-laws in force, supply to such proprietor or person duly authorized, at a reasonable cost, a copy of the additional by-laws; and
(c)
on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make such additional by-laws available for inspection.
(5)
No additional by-law shall be capable of operating—
(a)
to prohibit or restrict the transfer, lease or charge of, or any other dealing with any parcel of a subdivided building or land; and
(b)
to destroy or modify any easement expressly or impliedly created by or under the Strata Titles Act 1985.
(6)
A copy of any additional by-laws made by the management corporation under subsection (2) and any amendment of any additional by-laws for the time being in force, certified as a true copy under the seal of the management corporation, shall be filed by the management corporation with the Commissioner within thirty days of the passing of the special resolution by the management corporation approving the additional by-laws.
(7)
The management corporation or any proprietor shall be entitled to apply to the Tribunal or a court of competent jurisdiction—
(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 persons or properties arising out of the breach of any by-law from, any persons bound to comply with the by-laws.
Act 757
By-laws for limited common property