Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
Section 70
Official textFrom Laws of Malaysia Online, unchanged
Any by-laws prescribed by regulations made under section 150 shall have effect in relation to every subdivided building or land and common property.
by-laws
“by-laws” means the by-laws which are in operation in respect of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property as— (a) prescribed by the regulations made under section 150 for regulating the control, management, administration, use and enjoyment of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property; or (b) provided for in any additional by-laws made under section 32, 70 or 71;
A management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by the regulations made under section 150, for regulating the control, management, administration, use and enjoyment of the subdivided building or land and the common property, including all or any of the following matters:
management corporation
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
safety and security measures;
details of any common property of which the use is restricted;
the keeping of pets;
parking;
floor coverings;
refuse control;
behaviour;
architectural and landscaping guidelines to be observed by all proprietors; and
imposition of fine not exceeding two hundred ringgit against any proprietor, occupant or invitee who is in breach of any of the by-laws.
The additional by-laws made under subsection (2) shall bind the management corporation and the proprietors, and any chargee, lessee, tenant or occupier of a parcel to the same extent as if the additional by-laws—
occupier
“occupier” means the person in actual occupation or control of the parcel or land parcel, but, in the case of premises for lodging purposes, does not include a lodger;
had been signed or sealed by the management corporation, and each proprietor and each such chargee, lessee, tenant or occupier, respectively; and
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contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.
The management corporation shall—
keep a record of the additional by-laws in force from time to time;
on receipt of an application in writing made by a proprietor or by a person duly authorized to apply on behalf of a proprietor for a copy of the additional by-laws in force, supply to such proprietor or person duly authorized, at a reasonable cost, a copy of the additional by-laws; and
on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make such additional by-laws available for inspection.
No additional by-law shall be capable of operating—
to prohibit or restrict the transfer, lease or charge of, or any other dealing with any parcel of a subdivided building or land; and
to destroy or modify any easement expressly or impliedly created by or under the Strata Titles Act 1985.
A copy of any additional by-laws made by the management corporation under subsection (2) and any amendment of any additional by-laws for the time being in force, certified as a true copy under the seal of the management corporation, shall be filed by the management corporation with the Commissioner within thirty days of the passing of the special resolution by the management corporation approving the additional by-laws.
Commissioner
“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
The management corporation or any proprietor shall be entitled to apply to the Tribunal or a court of competent jurisdiction—
proprietor
“proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
for an order to enforce the performance of, or restrain the breach of, any by-laws by; or
to recover damages for any loss or injury to any persons or properties arising out of the breach of any by-law from, any persons bound to comply with the by-laws.
By-laws for limited common property
Terms defined in this Act
by-laws
Defined · s 2“by-laws” means the by-laws which are in operation in respect of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property as— (a) prescribed by the regulations made under section 150 for regulating the control, management, administration, use and enjoyment of the building or land intended for subdivision into parcels or the subdivided building or land, and the common property; or (b) provided for in any additional by-laws made under section 32, 70 or 71;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
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;
occupier
Defined · s 2“occupier” means the person in actual occupation or control of the parcel or land parcel, but, in the case of premises for lodging purposes, does not include a lodger;
proprietor
Defined · s 2“proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
special resolution
Defined · s 2“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 is demanded and taken, by a majority consisting of not less than three-quarters in number of the valid votes cast on such poll;
subdivided building or land
Defined · s 2“subdivided building or land” means a building or land as subdivided under the Strata Titles Act 1985;
Tribunal
Defined · s 2“Tribunal” means the Strata Management Tribunal established under Part IX;
Chapter 6
Part VI
Part VII
Part VIII
Insurances
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI