Strata Management Act 2013 · Updated to 8 Feb 2013 · Part VIII · Insurances
95. Insurance where area cannot be separated from main premises of building
Official textFrom Laws of Malaysia Online, unchanged
Where any limited common property is maintained and managed by a subsidiary management corporation, and the areas maintained and managed by the 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;
Strata Management 105
cannot be separated from the main premises of the building maintained or managed by the management corporation—
the management corporation shall insure the building under a damage policy; and
the premiums paid for such insurance shall be apportioned between the subsidiary management corporation and the management corporation in accordance with the share units of the proprietors constituting the subsidiary management corporation against the aggregate share units of the proprietors constituting the management corporation.
For the purpose of this section, “cannot be separated from the main premises of the building” means that the area maintained and managed by the subsidiary management corporation does not exist as an independent structure, and any damage to the structure or its facilities will materially affect the existence or usability of all other structures within its vicinity.
subsidiary management corporation
“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles Act 1985;
Terms defined in s 2
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;
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;
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;
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI