Malaysia legislation
Section 30
Section 30
The principal Act is amended by inserting after the Sixth
Schedule the following schedule:
Strata Titles (Amendment)
27
“Seventh Schedule
[Section 57a]
EFFECT OF ACQUISITION OF SUBDIVIDED BUILDING OR LAND
Quoted provision
Section 1
In this Schedule, unless the context otherwise requires—
“former proprietor” means a person who, or a body which, immediately before taking of formal possession of the whole or part of subdivided building or land, is the proprietor of a parcel in the building or land or of a provisional block on the land on which the building is situated;
“the Code” means the National Land Code 1965 [Act 56/1965].
Quoted provision
Section 2
Acquisition of the whole lot with subdivided building or land
In the case where the whole lot with subdivided building or land is acquired under the Land Acquisition Act 1960—
(a)
the management corporation shall liquidate any assets and distribute any profits to the former proprietors proportionately based on the share units or provisional share units which they held immediately before the taking of formal possession;
(b)
the management corporation shall determine the reasonable period for the management corporation to continue in existence to settle its affairs;
(c)
the management corporation shall continue in existence for so long as it is reasonably necessary to settle its affairs and shall then cease to exist;
(d)
the management corporation shall inform the Registrar the date that the management corporation shall cease to exist; and
(e)
the Registrar shall cancel the relevant book of the strata register.
Acquisition of part of the lot with subdivided building or land
Quoted provision
Section 3
In the case where part of the lot (including subdivided building or land) is acquired under the Land Acquisition Act 1960—
(a)
the subsisting documents of strata title which relate to the parcel or provisional block not acquired shall be retained and continued to be in force;
(b)
the Registrar shall endorse the title in continuation of the lot and other relevant entries in the relevant strata register;
(c)
a new certified strata plan shall be prepared for the parcel or provisional block not acquired and shall be inserted in the relevant strata register; and
(d)
the Director shall approve the new proposed share units, if any, assigned to the parcel or provisional block not acquired, if equitable, and the Registrar shall endorse the new approved share units in the relevant strata register.
Acquisition of common property
Quoted provision
Section 4
In the case where part of the lot involved only common property is acquired under the Land Acquisition Act 1960 and ceased to be part of the lot—
(a)
the subsisting documents of strata title which relate to the parcel or provisional block not acquired, shall be retained and continued to be in force;
(b)
the Registrar shall endorse the title in continuation of the lot and other relevant entries in the relevant strata register; and
(c)
the Director of Survey shall endorse on existing certified strata plan—
(i)
the title in continuation of the lot;
(ii)
the new certified plan number of the lot; and
(iii)
the new area of the lot;
and upon receiving the existing certified strata plan from the Director of
Survey, the Registrar shall insert the plan in the relevant strata register.
Acquisition of parcel or provisional block
Quoted provision
Section 5
(a)
the affected documents of strata title shall vest in the statutory authority, person or corporation on whose behalf the parcel or provisional block has been acquired; and
(b)
the Registrar shall endorse other relevant entries in the relevant strata register.
Strata Titles (Amendment)
(2)
In the case where part of a parcel is acquired under the Land
Acquisition Act 1960, the provision of Part V of this Act shall be applicable with modifications.”.
Transitional