Malaysia legislation

Section 18

of Land Subsidiary Title Enactment 1972

Section 18

(1)

The by-laws contained in the Third Schedule shall have effect in relation to every subdivided building.

(2)

The management corporation may by special resolution make by-laws (not being inconsistent with the by-laws contained in the Third Schedule) for regulating the control, management, administration, use and enjoyment of the building.

(2A)

The by-laws shall be deposited with the Registrar of Titles and the fact that they are so deposited shall be endorsed on the subsidiary titles.

(3)

The by-laws for the time being in force in respect of a subdivided building shall bind the management corporation and the subsidiary owners or any chargee in possession

(whether by himself or any other person) or lessee or occupier of a lot or part thereof to the same extent as if they constituted properly executed agreements —

(a)

on the part of the management corporation with each subsidiary owner, chargee, lessee and occupier respectively; and

(b)

on the part of each subsidiary owner, chargee, lessee or occupier of a lot or part thereof with every other subsidiary owner, chargee, lessee or occupier and with the management corporation, to observe and perform all the provisions of the by-laws.

(4)

On the application of a subsidiary owner or any person or body authorised in writing by him, the management corporation shall make available for inspection the by-laws for the time being in force in respect of the building.

24

(5)

No by-laws shall be capable of operating —

(a)

to prohibit or restrict the transmission, transfer, lease or charge of, or any other dealing with, any parcel of a subdivided building; or

(b)

to destroy or modify any easement expressly or impliedly created by or under the provisions of this Enactment.

(6)

In subsection (5), ―easement‖ includes a right or obligation created by section 24.

(7)

In these by-laws, any reference to a parcel owner shall be construed as including an occupier of a parcel who is not the registered owner of the said parcel.

The management fund.