Malaysia legislation

Section 71

of STRATA MANAGEMENT ACT 2013

Section 71

(a)

by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and

(b)

in respect of any matter that relates solely to that limited common property or subsidiary management corporation.

(2)

A subsidiary 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 regulations made under section 150, relating to the limited common property designated for the exclusive benefit of all the parcels in the subsidiary management corporation.

(3)

The additional by-laws made under subsection (2) shall bind the subsidiary management corporation and the proprietors of parcels constituting that subsidiary management corporation, and any chargee, lessee, tenant or occupier of such a parcel to the same extent as if the additional by-laws—

(a)

had been signed or sealed by the subsidiary management corporation, and each such proprietor and each such chargee, lessee, tenant or occupier, respectively; and

(b)

contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.

(4)

A copy of any additional by-laws made by the subsidiary 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 subsidiary management corporation, shall be filed by the subsidiary management corporation with the

Commissioner within thirty days of the passing of the special resolution by the subsidiary management corporation approving the additional by-laws.

Strata Management 89

(5)

The subsidiary management corporation or any proprietor of parcel constituting that subsidiary management corporation 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 additional 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 additional by-laws from, any person bound to comply with the by-laws.

Strata roll