Section 2

as prescribed by the regulations made under section 131 for regulating the control, management, maintenance, administration, use and enjoyment of the building and common property; or

additionally made by the management corporation or subsidiary management corporation under section 47;

“Central Bank” means the Central Bank of Malaysia referred to in the Central Bank of Malaysia Act 2009 [Act 701];

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“certificate of fitness for occupation” means any certificate issued under any written law for the purpose of certifying that the building has been completed and is safe and fit for occupation;

“Commissioner” means the Commissioner of Building Management appointed under section 4, and includes the Deputy Commissioner of

Building Management;

“common property” has the meaning assigned to it in section 2 of the

Land (Subsidiary Title) Enactment 2026;

“council” means the council elected by the management corporation under this Enactment;

“defects liability period” means the defects liability period in the sale and purchase agreement executed between the purchasers and developer in respect of a parcel in the building;

“developer” means any person who engages in or carries on or undertakes or causes to be undertaken a development for the purpose of residential, commercial or industrial use, or a combination of such uses and other uses and in a case where the developer is in liquidation or receivership or under judicial management, includes a person appointed under any relevant law to be the provisional liquidator or liquidator, receiver or receiver and manager or judicial manager for the developer, as the case may be;

“developer’s management period” means the period commencing from the date of the certificate of fitness for occupation of a building until the first council meeting is convened;

“development parcel” has the meaning assigned to it in section 2

of the Land (Subsidiary Title) Enactment 2026;

“Director” has the meaning assigned to it in section 4 of the Land

Ordinance [Cap. 68];

“housing development” has the meaning assigned to it in section 2 of the Housing Development (Control and Licensing) Enactment [No.

24 of 1978];

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“local authority” —

means an Authority established under the Local Government

Ordinance 1961 [No. 11 of 1961] or, where no such

Authority has been so established in respect of any area, the

District Officer of the district in which such area is situated;

and

in relation to the City of Kota Kinabalu, means the Mayor of the City of Kota Kinabalu appointed under section 4 of the City of Kota Kinabalu Enactment 1996 [No. 15 of 1996];

“lot” has the meaning assigned to it in section 2 on the Land

(Subsidiary Title) Enactment 2026;

“maintenance account” means an account required to be opened and maintained by a developer, management corporation or subsidiary management corporation under sections 11, 27 and 37, as the case may be;

“management corporation” means the management corporation established by way of an issuance of the certificate of establishment of management corporation by the Commissioner under section 8;

“Minister” means the Minister charged with responsibility for building management;

“occupier” means the person in actual occupation or control of the parcel;

“ordinary resolution” means a resolution which is passed at a duly convened general meeting of which at least fourteen days’ notice specifying the proposed resolution has been given, and carried by a majority consisting of not less than half of the valid votes cast at the general meeting by a show of hands, or if a poll is demanded and taken, by a majority consisting of not less than half in number of the valid votes cast on such poll;

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“owner” has the meaning assigned to it in section 2 of the Land

(Subsidiary Title) Enactment 2026;

“parcel” has the meaning assigned to it in section 2 of the Land

(Subsidiary Title) Enactment 2026;

“precinct” means the portions of a building, which do not necessarily be contiguous, that is designated to form the area of jurisdiction of a subsidiary management corporation comprising of parcels and precinct common property;

“precinct common property” means such part of the common property as is located within a precinct which is designated for the exclusive benefit of the parcels within that precinct;

“purchaser” means the purchaser of a parcel and includes any person who has acquired an interest as a purchaser in the parcel, or any person for the time being registered as a parcel owner;

“Register of Purchasers” means a register established under section 19;

“registered property manager” has the meaning assigned to it in section 2 of the Valuers, Appraisers, Estate Agents and Property

Managers Act 1981 [Act 242];

“schedule of parcels” means the schedule prepared by the developer in the Form A of the First Schedule and shall include any amendments or modifications to the schedule;

“sinking fund account” means an account required to be opened and maintained by a developer, management corporation or subsidiary management corporation under sections 12, 27 and 37, as the case may be;

“special resolution” means a resolution which is passed at a duly convened general meeting of which at least twenty one days notice specifying the proposed resolution has been given, and carried by a majority consisting of not less than three-quarters of the valid votes cast at the general meeting by a show of hands, or if a poll

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is demanded and taken, by a majority consisting of not less than three-quarters in number of the valid votes cast on such poll;

“subsidiary council” means the council elected by the subsidiary management corporation under this Enactment;

“subsidiary management corporation” means the subsidiary management corporation established by way of an issuance of the certificate of subsidiary management corporation by the

Commissioner under section 36;

“register of subsidiary title” has the meaning assigned to it in section 2 of the Land (Subsidiary Title) Enactment 2026;

“subsidiary title” has the meaning assigned to it in section 2 of the

Land (Subsidiary Title) Enactment 2026;

“registered surveyor” has the meaning assigned to it in section 2

of the Surveyor’s Ordinance 1960 [No. 22 of 1960];

“this Enactment” includes any subsidiary legislation made under this

Enactment;

“Tribunal” means the Building Management Tribunal established under section 81;

“unanimous resolution” means a resolution which is passed at a duly convened general meeting of which at least thirty days notice specifying the proposed resolution has been given, and carried by every valid vote cast at the general meeting by a show of hands, or if a poll is demanded and taken, by every vote cast on such poll; and

“voting rights” means the voting rights allocated to each parcel expressed in the unit of whole numbers in accordance with this

Enactment.