Section 2

in relation to a building or land intended to be subdivided into parcels, the sum of the allocated share units of the parcels or proposed parcels, including a provisional block, in a development; or

in relation to a subdivided building or land, the sum of the share units of the parcels, including provisional block, as shown in the subsidiary register prepared and maintained by the Registrar under the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap.

75/2019];

“allocated share units” means the share units assigned to each parcel intended to be subdivided under the Strata

(Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019], and certified by a land surveyor appointed by the developer or in a case where share units have not been so assigned, means the share units assigned under section 7;

“approved building plans” means the plans and specifications for a building prepared by a qualified person and approved under the Buildings Ordinance, 1994 [Cap. 8];

“approved company auditor” has the same meaning assigned to it in the Companies Act 2016 [Act 777];

“approved plans” means all plan approved by State

Planning Authority, local authority and any other government agencies in relation to the building or land intended to be subdivided into parcels for the development;

“bank or financial institution” means a bank or financial institution licensed under the Financial Services Act 2013 [Act 758] or Islamic Financial Services Act 2013 [Act 759] or regulated by the Central Bank under any written law;

“building” has the same meaning assigned to it in the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“building or land intended to be subdivided into parcels”

means building or land capable of being subdivided into parcels under section 4 of the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019];

“by-laws” means the by-laws made under sections 30, 63

or 64;

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“Commissioner” means the Commissioner of Buildings, including any Deputy Commissioner and other officers, appointed under section 3(1) to exercise the powers or perform the duties imposed on the Commissioner;

“common property” has the same meaning assigned to it in the Strata (Subsidiary Titles) Ordinance, 2019 [Cap.

75/2019];

“competent planning authority” has the same meaning assigned to it in the Buildings Ordinance, 1994 [Cap. 8];

“comprehensive resolution” means, in a duly convened general meeting of a joint management body, management corporation or subsidiary management corporation—

the motion is passed of which at least thirty-days’ notice specifying the motion has been given; and

at the end of the period of sixty days after the general meeting in paragraph (a) is convened, on a poll, the total of the share unit of the parcels for which valid votes are counted for the motion is at least ninety percent of the aggregate share unit of the parcel of all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be;

“contribution to sinking fund” means the sum of money in respect of a parcel to be paid into the sinking fund account solely for the purpose of meeting future capital expenditure of the building and land intended to be subdivided into parcels or the subdivided building or land and the common property;

“dealing” has the same meaning assigned to it in the Land

Code [Cap. 81 (1958 Ed.];

“develop” or “development” has the same meaning assigned to it under Part X of the Land Code [Cap. 81 (1958

Ed.];

“developer”, in relation to—

a development, means any person or body of persons, by whatever name described, who develops any land for the purpose of residential, commercial or industrial use, or a combination of such uses; and

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a subdivided building or land, includes the proprietor of the lot before the issuance of subsidiary titles, and includes the executors, administrators and successors-in-title and permitted assigns of such person or body of persons, and in a case where the person or body of persons is under liquidation, includes such person or body appointed by a court of competent jurisdiction to be the provisional liquidator or liquidator;

“Director” has the same meaning assigned to it in the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“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;

“Government” means the Government of the State of

Sarawak;

“housing accommodation” has the same meaning in the

Housing Development (Control and Licensing) Ordinance,

2013 [Cap. 69];

“joint management body” means the body established under section 16;

“joint management committee”, in relation to a joint management body, means the committee of the joint management body elected under section 20;

“land” has the same meaning assigned to it in the Land

Code [Cap. 81 (1958) Ed.];

“land parcel” has the same meaning assigned to it in the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“land surveyor” means any person who has been issued with a licence to practice in Sarawak as a land surveyor under the Land Surveyors Ordinance, 2001 [Cap. 40];

“limited common property” has the same meaning assigned to it in the Strata (Subsidiary Titles) Ordinance, 2019

[Cap. 75/2019];

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“local authority”—

means any local authority established or deemed to have been established under the section 3 of the Local Authorities Ordinance, 1996 [Cap. 20]; and

includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions of a local authority under any written law;

“local authority area” means any area in Sarawak that has been declared to be a local authority area in accordance with the Local Authorities Ordinance, 1996 [Cap. 20];

“maintenance account” means an account required to be opened and maintained by a developer, joint management body, management corporation or subsidiary management corporation under this Ordinance;

“maintenance charges” means the sums of money in respect of a parcel to be paid into the maintenance account solely for the purpose of meeting the actual or expected expenditure for regular and general maintenance of the common property;

“managing agent” means a person who is appointed by the Commissioner under section 76(4);

“management committee”, in relation to a management corporation, means the committee of the management corporation elected under section 46(1);

“management corporation” means the management corporation established under the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019];

“Minister” means the Minister for the time being charged with the responsibility for local government;

“occupation permit” means such permit given or granted under the Building Bylaws contained in the Fourth Schedule of the Buildings Ordinance, 1994 [Cap. 8];

“occupier” means the person in actual occupation or control of the parcel, but in the case of premises for lodging purposes, does not include a lodger;

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“parcel” has the same meaning assigned to it in the Strata

(Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“parcel owner” includes the purchaser or developer in respect of those parcel in a development which have not been sold by the developer;

“parcels in a development which have not been sold”

includes the proposed parcels in each provisional block;

“property manager” means a person who is registered with and has been issued with an authority to practise property management by the Valuers, Appraisers, Estate Agents and

Property Managers Act 1981 [Act 242] and appointed by the

Commissioner under section 76;

“proprietor” has the same meaning assigned to it in the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“provisional block” has the same meaning assigned to it in the Strata (Subsidiary Titles) Ordinance, 2019 [Cap.

75/2019];

“provisional share units” has the same meaning assigned to it in the (Subsidiary Titles) Ordinance, 2019 [Cap.

75/2019];

“purchaser” means the purchaser of a parcel and includes any person or body of persons who has acquired an interest as a purchaser in the parcel or any person or body of persons for the time being registered as a parcel owner in the register of parcel owners under section 28(1);

“rating authority”, in relation to a subdivided building or land, means any authority authorized by law to levy rates on the subdivided building or land;

“Registrar” has the same meaning assigned to it in the

Land Code [Cap. 81(1958 Ed.)];

“share units” has the same meaning assigned to it in the

Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];

“sinking fund account” means an account required to be opened and maintained by a developer, joint management body, management corporation and subsidiary management corporation under this Ordinance;

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“special resolution” means in a duly convened general meeting of a joint management body, management corporation or subsidiary management corporation—

a motion which is passed of which at least twenty-one days’ notice specifying the motion has been given; and

a motion which is passed of which at least twenty-one days’ notice specifying the motion has been given; and

given both for and against the motion;

unmarked; or

void for uncertainty.