Strata Management Act 2013 · Updated to 8 Feb 2013 · Part XI · Miscellaneous
Section 143
Official textFrom Laws of Malaysia Online, unchanged
Notwithstanding any other written law—
in any proceedings by or against the joint management body, management corporation or subsidiary management corporation; or
joint management body
“joint management body” means the body established under section 17;
in any other proceedings in which the joint management body, management corporation or subsidiary management corporation is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the joint management body, management corporation or subsidiary management corporation for that purpose may, on behalf of the joint management body, management corporation or subsidiary management corporation, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the joint management body, management corporation or subsidiary management corporation.
management corporation
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
Where all or some of the parcel owners or proprietors of the parcels in a development area—
are jointly entitled to take proceedings for or with respect to the common property in that development area against any person or are liable to have such proceedings taken against them jointly; or
are jointly entitled to take proceedings for or with respect to any limited common property in that development area against any person or are liable to have such proceedings taken against them jointly, the proceedings may be taken—
in the case of paragraph (2)(a), by or against the joint management body or management corporation; or
in the case of paragraph (2)(b), the subsidiary management corporation constituted for that limited common property, as if the joint management body, management corporation or subsidiary management corporation, as the case may be, were the parcel owners or the proprietors of the parcels concerned.
Any judgment or order given or made in favour of or against the joint management body, management corporation or subsidiary management corporation, as the case may be, in any proceedings referred to in subsection (2) shall have effect as if it were a judgment or an order given or made in favour of or against the parcel owners or the proprietors, as the case may be.
subsidiary management corporation
“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles Act 1985;
Where a parcel owner or proprietor is liable to make a contribution to another parcel owner or proprietor, as the case may be, in respect of a judgment debt arising under a judgment referred to in subsection (3), the amount of that contribution shall bear to the judgment debt—
parcel owner
“parcel owner” means the purchaser or the developer in respect of those parcels in the development area which have not been sold by the developer;
in the case of a judgment or an order for or against a joint management body or management corporation, the same proportion as the allocated share units or share units of the parcel of the first-mentioned parcel owner or proprietor bears to the aggregate share units; or
in the case of a judgment or an order for or against a subsidiary management corporation, the same proportion as calculated in accordance with section 65.
Terms defined in this Act
aggregate share units
Defined · s 2“aggregate share units” means— (a) in relation to a building or land intended for subdivision into parcels, the sum of the allocated share units of the parcels or proposed parcels, including a provisional block, in a development area; or (b) in relation to a subdivided building or land, the sum of the share units of the parcels, including a provisional block, as shown in the strata register prepared and maintained by the Registrar under the Strata Titles Act 1985;
allocated share units
Defined · s 2“allocated share units” means the share units assigned to each parcel intended for subdivision by the developer’s licensed land surveyor or in a case where share units have not been so assigned, means the share units assigned under section 8. Construction of the Act
joint management body
Defined · s 2“joint management body” means the body established under section 17;
limited common property
Defined · s 2“limited common property” means such part of the common property in a lot— (a) that is designated in a comprehensive resolution referred to in section 17a of the Strata Titles Act 1985 for the exclusive benefit of the proprietors of two or more, but not all, parcels; and (b) for which a certificate has been issued by the Director certifying that the subsidiary management corporation has been constituted under the Strata Titles Act 1985;
management corporation
Defined · s 2“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
parcel owner
Defined · s 2“parcel owner” means the purchaser or the developer in respect of those parcels in the development area which have not been sold by the developer;
proprietor
Defined · s 2“proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
share units
Defined · s 2“share units” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
subsidiary management corporation
Defined · s 2“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles Act 1985;