Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
Section 71
Official textFrom Laws of Malaysia Online, unchanged
The by-laws of the management corporation shall apply to the limited common property managed and maintained by the subsidiary management corporation unless the by-laws have been otherwise expressly amended—
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;
by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
subsidiary management corporation
“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles Act 1985;
in respect of any matter that relates solely to that limited common property or subsidiary management corporation.
limited common property
“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;
A subsidiary 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 regulations made under section 150, relating to the limited common property designated for the exclusive benefit of all the parcels in the subsidiary management corporation.
special resolution
“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;
The additional by-laws made under subsection (2) shall bind the subsidiary management corporation and the proprietors of parcels constituting that subsidiary management corporation, and any chargee, lessee, tenant or occupier of such 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 subsidiary management corporation, and each such proprietor and each such chargee, lessee, tenant or occupier, respectively; and
contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.
A copy of any additional by-laws made by the subsidiary 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 subsidiary management corporation, shall be filed by the subsidiary management corporation with the
Commissioner within thirty days of the passing of the special resolution by the subsidiary 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;
Strata Management 89
The subsidiary management corporation or any proprietor of parcel constituting that subsidiary management corporation 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 additional by-laws by; or
to recover damages for any loss or injury to any person or property arising out of the breach of any additional by-laws from, any person bound to comply with the by-laws.
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;
exclusive benefit
Defined · s 2“exclusive benefit”, in relation to a limited common property, includes but is not limited to the exclusive use or enjoyment of, and right to contributions and earnings in respect of, the limited common property but excludes any proprietary interest;
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;
subsidiary management corporation
Defined · s 2“subsidiary management corporation” means the subsidiary management corporation which is created 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