Malaysia legislation
Section 14
Section 14
The principal Act is amended by inserting after section 17a the following section:
“Ownership of common property and custody of issue document of title 17b. (1) The management corporation shall become the proprietor of the common property and the custodian of the issue document of title of the lot.
(2)
Subject to subsection (3), the management corporation shall, in relation to the common property, have the powers conferred by the National Land Code on a proprietor in relation to its land.
(3)
The management corporation—
(a)
shall exercise all the powers referred to in subsection (2)
only on the authority of a unanimous resolution
(except where it is specifically provided otherwise in this Act); and
(b)
shall not have the power to transfer, charge or lien any portion of the common property which forms part of the building or of the land on which the building stands.
(4)
Where an instrument is executed by the management corporation in the exercise of its powers under subsection (2), the instrument shall be accompanied by a document under the seal of the management corporation stating that—
(a)
the resolution directing the transaction to which the instrument relates was passed; and
(b)
the transaction conforms to the terms of the resolution.
(5)
The instrument executed under subsection (4) shall, in favour of the Registrar or a party to the transaction other than the management corporation, be conclusive evidence of the facts certified.”.
Deletion of section 19a