Malaysia legislation
Section 22
Section 22
The management corporation upon its establishment shall become the proprietor of the common property and the custodian of the issue document of title of the lot in question.
Creation of limited common property and establishment of subsidiary management corporations 23.—
The common property comprised or to be comprised in a certified strata plan may be designated as limited common property and create one or more subsidiary management corporation only for the purpose of representing the different interests of the subsidiary proprietors —
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(a)
by the management corporation in respect of that the certified strata plan pursuant to a comprehensive resolution conducted in accordance with Strata Management Ordinance,
2019 [Cap. 76/2019]; or
(b)
by the proprietor thereof for the lot in question when the certified strata plan is lodged with Government surveyor under section 10 (6).
(2)
Subject to subsection (3), common property comprised or to be comprised in certified strata plan shall be designated as the limited common property under subsection (1) for the lot as follows:
(a)
describes or identifies or defines the boundaries or area of the limited common property, as the case may be, in the limited common property plan;
(b)
specifies in a schedule, number and share unit of each parcel and total share units of all the parcels comprised in that limited common property plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and
(c)
conform with any other details as the
Superintendent may determine.
(3)
The proprietor or management corporation shall make an application in writing to the Superintendent in the form as may be determined by the Director for the issuance of the certificate of subsidiary management corporation for the designated limited common property and shall be accompanied by—
(a)
such fee as may be prescribed;
(b)
in the case of designation by management corporation, a copy of the comprehensive resolution together with a certificate signed by the Commissioner certifying the receipt of the same filed with him by management corporation;
(c)
in the case of designation by the proprietor of the lot, sale and purchase agreement of proposed parcels for the exclusive benefit of the purchasers of two or more of those proposed parcels; and
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(d)
a limited common property plan prepared under subsection (2) to be submitted in triplicate and certified by a land surveyor as follows:
(i)
that the limited common property as described or identified or defined in the plan is situated within the boundary of common property as shown on a certified strata plan;
(ii)
that the parcel and share unit specified in the schedule prepared under subsection 2(b) above is correct and in accordance with the certified strata plan and schedule of parcels prepared for the purpose of section 11.
(iii)
that the prepared plan and schedule for limited common property are in compliance with Strata
Management Ordinance, 2019 [Cap. 76/2019].
(4)
The Superintendent shall thereupon, if he is satisfied that the application and the other documents presented therewith are in order, upon payment of the prescribed fee, issue a certificate of incorporation, and shall be a body corporate having perpetual succession and a common seal, and may sue and be sued.
Change of name and certificate of incorporation