In forceUpdated to 1 Apr 2021

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Strata Titles Act 1985 · Updated to 1 Apr 2021 · Part VIII · Termination of Subdivision of Subdivided Building or Land

56. Power of court when subdivided building or land is damaged

(1)

When a subdivided building or land is damaged but is not totally destroyed, a court of competent jurisdiction on the application of the management corporation, a parcel proprietor, or a registered chargee of any parcel, may by order, settle a scheme for the reinstatement or the continued use of the building in whole or in part and any such scheme may include provision for the transfer of the interests of the proprietors of parcels which have been wholly or partially destroyed to the other parcel proprietors in proportion to their share units.

(2)

In the exercise of its powers under subsection (1), the court may make such orders as it deems necessary or expedient for giving effect to the scheme, including orders—

(a)

directing the application of insurance moneys received by the management corporation in respect of damage to the building;

(b)

directing payment of money by the management corporation or by the parcel proprietors or some or one or more of them;

(c)

directing such amendment or replacement of the certified strata plan and such consequential amendment or replacement of the strata register as the court thinks fit; and

(d)

imposing such terms and conditions as the court thinks fit.

(3)

Where an application is made under subsection (1), any insurer who has effected insurance on the building to which the application relates (or on any part thereof) shall have the right to appear on the hearing of the application.

78 Laws of Malaysia ACT 318

Terms defined in this Act

application
Defined · s 24
“application” means an application to divide or amalgamate parcels;
Open s 24
building
Defined · s 4
“building”, in relation to a lot which is to be developed in stages, includes any building partially completed or to be erected within the lot as shown or specified in any proposed strata plan submitted for approval; Strata Titles 11
Open s 4
certified strata plan
Defined · s 4
“certified strata plan” means the plan prepared under section 13 or 22, as the case may be and certified by the Director of Survey;
Open s 4
management corporation
Defined · s 4
“management corporation”, in relation to any subdivided building or land shown in a certified strata plan, means the management corporation established under section 17;
Open s 4
parcel
Defined · s 4
“parcel”, in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an accessory parcel) is held under separate strata title, and in relation to a subdivided land, means one of the individual units of land parcel; *NOTE— The National Land Code has been revised as the National Land Code. Strata Titles 13
Open s 4
proprietor
Defined · s 4
“proprietor” refers to a parcel proprietor, that is to say, a person or body for the time being registered as the proprietor of a parcel, as well as to the proprietor of a provisional block, that is to say, a person or body for the time being registered as the proprietor of a provisional block unless expressly provided otherwise;
Open s 4
share units
Defined · s 4
“share units”, in respect of a parcel, means the share units determined for that parcel as shown in the strata register;
Open s 4
strata register
Defined · s 4
“strata register” means the register of strata titles maintained under the provisions of section 15;
Open s 4
subdivided building or land
Defined · s 4
“subdivided building or land” means a building or land as subdivided under Part II or Part IV, as the case may be;
Open s 4

Report

Read on from s 57

Part IX

Part X

Miscellaneous

Read on from Part X