Malaysia legislation

Section 63

of STRATA MANAGEMENT ORDINANCE, 2019

Section 63

(2)

The by-laws made under this section shall bind the management corporation and the subsidiary proprietors, and any chargee, lessee, tenant or occupier of a parcel to the same extent as if the by-laws—

(a)

had been signed or sealed by the management corporation, and each subsidiary proprietor and each such chargee, lessee, tenant or occupier, respectively; and

(b)

contained mutual covenants to observe, comply and perform all the provisions of these by-laws.

(3)

The management corporation shall—

(a)

keep a record of the by-laws in force from time to time;

(b)

on receipt of an application in writing made by a subsidiary proprietor or by a person duly authorized to apply on behalf of a subsidiary proprietor for a copy of the by-laws in force, supply to such subsidiary proprietor or person duly authorized, at a reasonable cost, a copy of the by-laws; and

(c)

on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make such by-laws available for inspection.

(4)

No by-laws shall be capable of operating—

(a)

to prohibit or restrict the transfer, lease or charge of, or any other dealing with any parcel of a subdivided building or land; and

(b)

to destroy or modify any easement expressly or impliedly created by or under the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75/2019].

(5)

A copy of any by-laws made by the management corporation under this section 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 by-laws.

(6)

The management corporation or any subsidiary proprietor shall be entitled to apply to the Tribunal or a court of competent jurisdiction—

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(a)

for an order to enforce the performance of, or restrain the breach of, any by-laws by; or

(b)

to recover damages for any loss or injury to any persons or properties arising out of the breach of any by-law from, any person bound to comply with the by-laws.

By-laws by the subsidiary management corporation