STRATA TITLES ACT 1985

STRATA TITLES ACT 1985

ACT 318

Date of Royal Assent: 22 May 1985

Date of publication in the Gazette: 30 May 1985

Date of coming into force: 1 June 1985

LOA

PREAMBLE

PART I

PRELIMINARY

1. Short Title.

2. Application.

3. Commencement.

4. Interpretation.

5. Construction of the Act.

PART II

APPLICATION FOR SUBDIVISION OF A BUILDING

6. Buildings capable of being subdivided.

7. Proprietor of alienated land may apply for subdivision of a building.

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building.

9. Conditions for approval.

10. Application for subdivision of building.

10A. Application for subdivision in the case of phased developments.

11. Withdrawal of applications.

12. Powers of Director of lands and mines in relation to applications.

13. Action by Director of Survey after approval of subdivision.

14. Issue of strata titles to individual parcels.

14A. Failure to pay amount demanded.

PART III

REGISTRATION OF STRATA TITLES

15. Preparation and maintenance of strata register.

16. Documents of strata title.

17. Effect of opening of book of strata register.

18. Share units of parcels.

19. Provisional share units of a provisional block.

PART IV

PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING

20. Application for strata titles upon completion of building.

21. Power of Director of Lands and Mines in relation to application.

22. Action by Director of Survey after approval.

22A. Failure to apply under section 20.

22B. Failure to pay amount demanded.

23. Modification of strata register, issue of fresh documents of titles and cancellation of provisional document of title.

PART V

SUBDIVIDED BUILDINGS: DIVISION AND AMALGAMATION OF PARCELS

24. Interpretation.

25. Power to divide and amalgamate parcels.

26. Effect of division or amalgamation.

27. Conditions for approval of division or amalgamation.

28. Application for approval.

29. Action by Director of Survey.

30. Land Administrator to transmit application to Director of Lands and Mines.

31. Power of Director of Lands and Mines in relation to application for division or amalgamation.

32. Preparation of new certified strata plan by Director of Survey.

33. Modification of strata register and issue of fresh documents of title.

33A. Effect of registration in respect of common property created upon division or amalgamation.

PART VI

RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

34. Rights of proprietor in his parcel and common property.

35. Rights of support, service and shelter.

36. Share unit entitlements.

37. Restrictions on voting rights.

38. Power of court where no person is able to vote in respect of a parcel.

PART VII

MANAGEMENT OF A SUBDIVIDED BUILDING

39. Establishment of management corporation.

40. Restrictions imposed on management corporation during initial period.

41. Duty of original proprietor to convene first annual general meeting.

41A. Contributions by parcel proprietors.

42. Ownership of common property and custody of issue document of title.

43. Duties and powers of management corporation.

44. By-laws for the regulation of a subdivided building.

45. Management fund.

46. Special account.

47. Acquisition of additional land, grant and acceptance of easements, etc.

48. (Deleted by Act A753).

49. Rating.

50. Director may appoint managing agent to exercise or perform certain powers, etc..

51. Appointment of administrator for management corporation.

52. The recovery of sum as debt due to management corporation.

53. Recovery of sums due.

53A. Recovery of sums by attachment of movable property.

54. Service of documents.

55. Breaches of provisions of this part.

55A. Failure to pay contributions.

PART VIII

TERMINATION OF SUBDIVISION OF SUBDIVIDED BUILDING

56. Power of court when subdivided building is damaged.

57. Termination of subdivision.

PART IX

PROVISIONS FOR LOW-COST BUILDINGS

58. Classification of low-cost buildings.

59. Application for subdivision by proprietor of low-cost building.

60. Application of this Part upon opening of a book of the strata register.

61. Duties and powers of the original proprietor before the establishment of the management corporation.

61A. Restrictions imposed on original proprietor during period before management corporation comes into existence.

62. Applicability and modification of by-laws in Third Schedule during the period before the establishment of the management corporation.

63. Management fund established by original proprietor.

64. Establishment of management corporation.

64A. Application for establishment of management corporation.

65. Duty of original proprietor to convene first annual general meeting.

66. Management fund established by management corporation.

66A. Breaches of provisions of this part.

67. Duties and powers of person or body appointed by State Authority.

PART IXA

STRATA TITLES BOARD

67A. Strata Titles Board.

67B. Tenure of office.

67C. Continuation of hearing.

67D. Bar to actions.

67E. Allowances.

67F. Board to carry out its work expeditiously.

67G. Proceedings of Board.

67H. Order revoking amendment of by-law.

67I. Order invalidating purported by-law.

67J. Power of Board to invalidate proceedings.

67K. Order varying certain rates of interest.

67L. Order where voting rights denied or due notice of item of business not given.

67M. Order varying the amount of insurance to be provided.

67N. Board may settle disputes on the costs of repairs etc..

67O. Order to make or pursue insurance claim.

67P. Order to supply information or documents.

67Q. Order with respect to certain consents affecting common property.

67R. General provisions relating to orders under this Part.

67S. Representation before the Board.

67T. Witnesses may be summoned before the Board.

67U. Board may administer oath or affirmation.

67V. Penalty for contravention of certain orders.

67W. Time when order takes effect.

67X. Appeal to the High Court on point of law.

PART X

MISCELLANEOUS

68. (Deleted by Act A753).

69. No dealing in accessory parcel independent of a parcel.

70. No dealing in provisional block.

71. (Deleted by Act A753).

72. (Deleted by Act A753).

73. Other rights and remedies not affected by this Act.

74. Jurisdiction of the Magistrate's Court.

75. Legal proceedings.

76. Management corporation as representative of proprietors in legal proceedings.

77. Power of management corporation to take proceedings as agent for proprietors in case of structural defects.

78. Costs in proceedings by proprietors against management corporation.

79. Limitation Act 1953 not to extend to common property.

80. Power of entry by public or local authority.

80A. Prosecution.

81. Power of state authority to make rules.

82. Transitional provision.

83. Repeal and amendment of provisions of the National Land Code.

84. Amendment of Forms.

85. Transitional provision with respect to rules, orders, etc.

FIRST SCHEDULE (Section 44)

(Section 10)

(Section 15)

(Section 16)

(Section 20)

(Section 28)

(Section 53A(1))

(Section 53A(3))

(Section 57)

SECOND SCHEDULE - PROVISIONS FOR MANAGEMENT CORPORATION (Section 39)

THIRD SCHEDULE - BY-LAWS FOR THE REGULATION OF SUBDIVIDED BUILDINGS (Sections 44 and 62)

FOURTH SCHEDULE (Section 83) - REPEAL AND AMENDMENT OF PROVISIONS OF THE NATIONAL LAND CODE
APPLICATION FOR SUBDIVISION OF A BUILDING

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building.

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case of a building completed on a date after the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the date of the sale or agreement or the first of such sales or agreements;

(b) in the case of a building completed on a date before the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from the commencement of this subsection;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the commencement of this subsection or six months from the date of the sale or agreement or the first of such sales or agreements, whichever is the longer.

(3) For the purpose of subsection (1) an application for the approval of the Director to the subdivision of a building shall be treated as not being in accordance with section 10 if the application is defective by reason of any material non-compliance with any of the requirements of that section pertaining to the application.

(4) The period specified in subsection (2) may, on application made before its expiry be extended once by the Director by any further period not exceeding three months.

(5) Where an application is not made within the period specified in subsection (2) and in the case of subsection (4) within the period of such extension, if any, applied for and granted in respect of a building, the proprietor shall be guilty of an offence, and liable on conviction to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit and to a further fine of not less than one hundred ringgit but not more than one thousand ringgit for each day the offence continues to be committed.

[Am. Act A1107 - Prior text read - "(5) Where an application is not made within the period specified in subsection (2) and in the case of subsection (4) within the period of such extension, if any, applied for and granted in respect of a building, the proprietor shall be guilty of an offence, and liable on conviction to a fine not exceeding five thousand ringgit and to a further fine not exceeding one thousand ringgit for each day the offence continues to be committed."]

(6) For the purposes of subsection (2), the date on which a building is completed shall be the date on which it is certified by any public or local authority to be fit for occupation or use.

15. Preparation and maintenance of strata register.

(1) The Registrar shall prepare and maintain for the purposes of this Act a register of strata titles to be known as the strata register.

(2) The strata register shall consist of a series of books, each relating to one lot, and every such book shall contain-

(a) an index in Form 2 to the individual parcels and, if any, appurtenant accessory parcels and to the individual provisional block, if any, comprised in the lot;

(b) a statement in Form 3 which subject to subsection (4), (5) and (6) shall-

[Am. Act A1107 - Prior text read - "(b) a statement in Form 3 which subject to subsection (4) shall_"]

(i) set out, or where appropriate summarise so far as they relate to matters capable of affecting any of those parcels or provisional blocks, all memorials, endorsements and other entries which appeared on the register document of title to the lot at the time the statement was authenticated by the Registrar; or

(ii) confirm that there were no such entries;

(c) a copy of the certified strata plan prepared under paragraph (a) of subsection (1) of section 13; and

(d) the register document of title to each parcel and each provisional block.

(3) The name of the management corporation, and the address for the service of documents thereon, required to be stated in the index in Form 2 shall be supplied to the Registrar by the proprietor of the lot.

(3A) Where the proprietor of the lot, after being given reasonable notice by the Registrar, fails to supply the name of the management corporation or the address for service of documents thereon as required by subsection (3), the Registrar-

(a) as regards the name of the management corporation, shall himself determine the name to be stated in the index in Form 2; or

(b) as regards the address for service, shall cause to be stated in the index in Form 2 the postal address of any building erected within the lot.

(4) For the purposes of the statement in Form 3, no account shall be taken of any lease or tenancy relating to a part of the building which corresponds precisely with, or is included within one of the parcels created on the subdivision, or of any charge of, or lien over, such a lease; but any such lease, tenancy or charge shall be endorsed on the register document of title to the parcel in question.

(5) The Registrar shall, in the case of private caveats or Registrar_s caveats appearing on the register document of title to the lot, if satisfied that such caveats affect only particular parcels created on the subdivision, endorse such caveats on the register documents of title to the parcels in question.

[Ins. Act A1107]

(6) Where the Registrar is unable to ascertain to his satisfaction the caveats which affect the particular parcels, he may, instead of setting out or summarising them, endorse a statement in Form 3 to the effect that the lot is so subject to the caveats entered on the register document of title to the lot:

Provided that the Registrar may at any time thereafter, if it can be ascertained to his satisfaction that such caveats relate to particular parcels, endorse such caveats on the register documents of title to the parcels in question.

[Ins. Act A1107]

16. Documents of strata title.

(1) The Registrar shall prepare documents of strata title in respect of-

(a) a parcel; and

(b) a provisional block, if any.

(2) The documents of strata title to be prepared by the Registrar in respect of any parcel or provisional block under subsection (1) shall consist of-

(a) a register document of title in Form 4 in respect of a parcel and in Form 4A in respect of a provisional block;

(b) an issue document of title, consisting of a copy of the register document to which shall be attached-

(i) the copy of the certified strata plan or of the relevant folio of that plan prepared under paragraph (d) of subsection (1) of section 13; and

(ii) where appropriate, a copy of the statement in Form 3:

Provided that, in the case of a parcel created on the division or amalgamation of any existing parcels, the plan to be attached to the issue documents of title shall be such as may be prepared in accordance with Part V of this Act.

(3) Every document of strata title shall be prepared in the name of the person last registered as proprietor of the lot in question, or where it relates to a parcel created as mentioned in the proviso to subsection (2) in the name of the person last registered as proprietor of the existing parcel or parcels.

(4) (Deleted by Act A753)

(5) The registration of the register documents of strata title shall consist of their authentication under the hand and seal of the Registrar; and the date of registration shall be inscribed by him on every document.

(6) The provisions of sections 89 to 91 of the National Land Code shall apply to documents of strata titles as they apply to documents of final title:

Provided that where any parcel is subject to a charge or lien, nothing in section 90 of the National Land Code shall be taken to authorise the issue of the document of title thereto to the proprietor of the parcel.

PROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPON COMPLETION OF BUILDING

20. Application for strata titles upon completion of building.

(1) The proprietor of a provisional strata title shall, as soon as a building in respect of that title has been completed and certified by the public or local authority to be fit for occupation or use, but in any case within six months from the date the building is so certified, make an application for the approval of the Director for the issue of separate strata titles to the parcels in the completed building.

(1A) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding three months.

(2) The application shall be made in writing in Form 5 to the Land Administrator and shall be accompanied by-

(a) such fee as may be prescribed;

(b) a certificate of an architect registered under the Architects Act, 1967 or of a professional engineer registered under the Registration of Engineers Act, 1967 that the provisional block has been completed in accordance with the approved building plan, and any approved amendments thereto;

(ba) a copy of the approved building plan and approved amendments thereto referred to in paragraph (b);

(c) a storey plan in triplicate in respect of each storey of the completed building, duly certified by a land surveyor as required under paragraph (b) of subsection (1) of section 10 and containing such details as are specified in subsection (3) of that section;

(ca) a certificate by a land surveyor-

(i) that the building is situated wholly within the boundaries of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building is so situated;

and, in a case where the certificate is one under subparagraph (ii), a subsisting permit or permits issued under section 75A of the National Land Code in respect of every such eave, awning and balcony;

(cb) a certificate by a land surveyor-

(i) that the building is situated wholly within the boundaries of its position as delineated in the location plan in compliance with paragraph (b) of subsection (2) of section 10A; or

(ii) that, discounting any eave, awning, and any balcony which does not form part of a proposed parcel, the building is so situated;

(d) a certificate issued by a public or local authority stating that the building is fit for occupation or use;

(e) a statement showing the proposed allocation of the provisional share units among the new parcels; and

(f) the issue document of provisional strata title.

(3) Upon receipt of the application, the Land Administrator shall-

(a) endorse or cause to be endorsed a note of the making of the application on the register document of title of the provisional block; and

(b) refer the application to the Director of Survey and transmit to him a copy of the plan submitted under subsection (2).

(4) The Director of Survey, upon receiving the copy of the plan transmitted by the Land Administrator shall check the said plan and carry out or cause to be carried out such survey of the building or parcels as he may consider desirable, and shall-

(a) advise the Land Administrator as to whether the plans are in order;

(b) notify the Land Administrator of the amount of fees to be collected upon approval of the application in respect of such survey; and

(c) notify the Land Administrator of the amount of fees to be collected in respect of the plans caused to be prepared in the event of the approval of the application.

(5) Upon receiving the advice of the Director of Survey, the Land Administrator shall transmit to the Director, the application and its accompanying documents together with his recommendations.

RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

34. Rights of proprietor in his parcel and common property.

(1) Subject to this section and other provisions of this Act, a proprietor shall have-

(a) in relation to his parcel (in the case of a parcel proprietor) the powers conferred by the National Land Code on a proprietor in relation to his land; and

(b) in relation to the common property, the right of user which he would have if he and the other proprietors were co-proprietors thereof.

(2) No rights in an accessory parcel shall be dealt with or disposed of independently of the parcel to which such accessory parcel has been made appurtenant.

(3) No rights in the common property shall be disposed of by a proprietor except as rights appurtenant to a parcel; and any disposition of a parcel by a proprietor shall without express reference include a like disposition of the rights in the common property which are appurtenant to the parcel.

RIGHTS AND OBLIGATIONS ATTACHING TO INDIVIDUAL PARCELS AND PROVISIONAL BLOCKS

35. Rights of support, service and shelter.

(1) In favour of and against each parcel proprietor there shall be implied a right of support and a right of service.

(2) Each parcel proprietor shall be entitled to have his parcel sheltered by all such parts of the subdivided building as are capable of affording shelter and may, for the purpose of replacing, renewing or restoring any such shelter, enter upon the common property or any other parcel.

(3) The rights and obligations mentioned in subsections (1) and (2) shall be effective without memorial or notification in the strata register, and there shall be implied in respect of them such ancillary rights and obligations as are reasonably necessary to make them effective.

(4) In this section-

"right of support" means a right to subjacent and lateral support by the common property and by every other parcel capable of affording support;

"right of service" means rights to the passage or provision of water, sewage, drainage, gas, electricity, garbage, artificially cooled or heated air and other services (including telephone, radio and television services) through or by means of pipes, wires, cables or ducts.

36. Share unit entitlements.

The value of each parcel, except in the case of an accessory parcel where no share value shall be allotted, shown in the schedule of share units shall be taken as the share unit entitlement, and in the case of a provisional block the value shall be taken as the provisional share unit entitlement. The share units of a parcel or the provisional share units in the case of a provisional block as specified in the strata title or in the provisional strata title, as the case may be, shall determine-

(a) the voting rights of the proprietors;

(b) the quantum of the undivided share of each proprietor in the common property; and

(c) the proportion payable by each proprietor of the contribution levied by the management corporation pursuant to section 45, 63 or 66.

37. Restrictions on voting rights.

(1) Where a parcel proprietor is for any reason, unable to control his property, the powers of voting conferred on him by the Second Schedule shall be exercisable by the person who is for the time being authorised by law to control that property.

(2) Where a parcel proprietor's interest is subject to a registered charge, the powers of voting conferred on him by the Second Schedule shall, unless it is otherwise agreed between him and the chargee first entitled in priority, be exercisable by that chargee either personally or by proxy.

38. Power of court where no person is able to vote in respect of a parcel.

Where a court of competent jurisdiction on the application of the management corporation or a proprietor, is satisfied that there is no person who is able to vote in respect of a parcel, the court-

(a) shall, in cases where a unanimous resolution is required; and

(b) may, in any other case,

appoint a Public Trustee or some other fit and proper person to exercise such of the powers of voting attached to the parcel by the Second Schedule, as the court may determine.