Malaysia legislation

Section 52

of STRATA MANAGEMENT ORDINANCE, 2019

Section 52

(a)

subsidiary proprietors of residential lots and subsidiary proprietors of non-residential lots;

(b)

subsidiary proprietors of non-residential lots if they use their lots for significantly different purposes;

(c)

subsidiary proprietors of non-residential lots if the lots of some of these subsidiary proprietors are comprised in a building that is physically detached from other lots in the certified strata plan, provided that the creation of any limited common property to represent the interests of these subsidiary proprietors will not adversely affect the use or enjoyment of the lots of the other subsidiary proprietors and the conditions prescribed, if any, for this purpose are satisfied; or

(d)

subsidiary proprietors of different types of residential lots.

(2)

A subsidiary management corporation shall elect a subsidiary management committee which, subject to any restriction imposed or direction given by the subsidiary management corporation at a general meeting, shall perform the duties and conduct the business of the subsidiary management corporation on its behalf, and may for that purpose exercise any of its powers.

(3)

The subsidiary management corporation shall comprise all the subsidiary proprietors of all parcels comprised in the development for whose exclusive benefit of the limited common property is designated.

(4)

The subsidiary proprietors who constitute a subsidiary management corporation may call and hold meetings and pass resolutions in the same manner as subsidiary proprietors constituting a management corporation.

(5)

At least one member of the subsidiary management committee of a subsidiary management corporation shall be a member of the management committee of the management corporation.

(6)

The provisions of the Fourth Schedule shall apply to the subsidiary management corporation and the subsidiary

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management committee, with necessary modifications, including—

(a)

a reference to the “management corporation” shall be construed as a reference to the subsidiary management corporation; and

(b)

a reference to the “management committee” shall be construed as a reference to the subsidiary management committee.

Duties and powers of subsidiary management corporation