LAWS OF MALAYSIA - JKPTG

1 1 Strata TitlesLAWS OF MALAYSIAREPRINTAct 318 STRATA TITLES ACT 1985 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF laws ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 STRATA TITLES ACT 1985 Date of Royal ..22 May 1985 Date of publication in the May 1985 English text to be authoritative .. (B) 171 of1985 and 561 of1986 PREVIOUS REPRINTF irst OF MALAYSIAAct 318 STRATA TITLES ACT 1985 ARRANGEMENT OF SECTIONSPART of the ActPART IIAPPLICATION FOR SUBDIVISION OF A capable of being of alienated land may apply for subdivision of a in which it is compulsory for a proprietor to apply forsubdivision of a for for subdivision of for subdivision in the case of phased of of Director of Lands and Mines in relation to by Director of

2 Survey after approval of of strata titles to individual to pay amount demanded4 laws of MalaysiaACT 318 PART IIIREGISTRATION OF STRATA and maintenance of strata of strata of opening of book of strata units of share units of a provisional blockPART IVPROVISIONAL BLOCK: ISSUE OF STRATA TITLES UPONCOMPLETION OF for strata titles upon completion of of Director of Lands and Mines in relation to by Director of Survey after to apply under section to pay amount of strata register, issue of fresh documents of title andcancellation of provisional document of titlePART VSUBDIVIDED BUILDINGS.

3 DIVISION AND AMALGAMATIONOF to divide and amalgamate of division or for approval of division or for by Director of Administrator to transmit application to Director of Lands of Director of Lands and Mines in relation to application fordivision or of new certified strata plan by Director of Survey5 Strata of strata register and issue of fresh documents of of registration in respect of common property created upondivision or amalgamationPART VIRIGHTS AND OBLIGATIONS ATTACHING TOINDIVIDUAL PARCELS AND PROVISIONAL of proprietor in his parcel and common of support.

4 Service and unit on voting of court where no person is able to vote in respect of a parcelPART VIIMANAGEMENT OF A SUBDIVIDED of management imposed on management corporation during initial of original proprietor to convene first annual general payable by parcel of common property and custody of issue document of and powers of management for the regulation of a subdivided of additional land, grant and acceptance of easements, (Deleted) may appoint managing agent to exercise or perform certainpowers.

5 Of administrator for management recovery of sum as debt due to management of sums of sums by attachment of movable of documents6 laws of MalaysiaACT of provisions of this to pay contributionsPART VIIITERMINATION OF SUBDIVISION OF SUBDIVIDED of court when subdivided building is of subdivisionPART IXPROVISIONS FOR LOW-COST of low-cost for subdivision by proprietor of low-cost of this Part upon opening of a book of the strata and powers of the original proprietor before the establishmentof the management imposed on original proprietor during period beforemanagement corporation comes into and modification of by- laws in Third Schedule during theperiod before the establishment of the management fund established by original of management for establishment of management of original proprietor to convene first annual general fund established by management of provisions of this

6 And powers of person or body appointed by State AuthorityPART IXASTRATA TITLES Titles of of to actionsSection7 Strata to carry out its work of revoking amendment of invalidating purported of Board to invalidate varying certain rates of where voting rights denied or due notice of item of business varying amount of insurance to be may settle disputes on costs of repairs, to make or pursue insurance to supply information or with respect to certain consents affecting common provisions relating to orders under this before the may be summoned before may administer oath or for contravention of certain when order takes to High Court on point of lawPART XMISCELLANEOUS68.

7 (Deleted) dealing in accessory parcel independent of a dealing in provisional block71.(Deleted)72.(Deleted) rights and remedies not affected by this of the Magistrate s corporation as representative of proprietors in legalproceedingsSection8 laws of MalaysiaACT of management corporation to take proceedings as agent forproprietors in case of defects to in proceedings by proprietors against management Act 1953 not to extend to common of entry by public or local of State Authority to make and amendment of provisions of the National Land

8 Of provision with respect to rules, orders, SCHEDULESECOND SCHEDULETHIRD SCHEDULEFOURTH SCHEDULES ection9 Strata TitlesLAWS OF MALAYSIAACT 318 STRATA TITLES ACT 1985An Act to facilitate the subdivision of building into parcels andthe disposition of titles and for purposes connected therewith.[Peninsular MALAYSIA andFederal Territory of Kuala Lumpur 1 June 1985, (B) 276/1985]WHEREAS it is desired to introduce in the form of a Strata TitlesAct a uniform legislation within the States of Johore, Kedah,Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis,Selangor, Terengganu and the Federal Territory of Kuala Lumpur.

9 AND WHEREAS it is now expedient for the purpose only ofensuring uniformity of law and policy to make with respect totenure of parcels in a building, registration of titles relating toparcels in a building, transfer of parcels in a building, leases andcharges in respect of parcels in a building, and easements andother rights and interests in parcels in a building;Now, therefore pursuant to the provisions of Clause (4) of Article76 of the Constitution, BE IT ENACTED by the Seri PadukaBaginda Yang di-Pertuan Agong with the advice and consent ofthe Dewan Negara and the Dewan Rakyat in Parliament assembled,and by the authority of the same, as follows.

10 PART IPRELIMINARYS hort Act may be cited as the Strata Titles Act of MalaysiaACT Act shall apply only to Peninsular (1) This Act shall come into force in each State on such dateas the Minister may, with the approval of the National Land Council,by notification in the Gazette, appoint.(2) This Act shall come into force in the Federal Territory onsuch date as the Minister may, by notification in the Gazette, this Act, unless the context otherwise requires accessory parcel means any parcel shown in a strata plan asan accessory parcel which is used or intended to be used in conjunctionwith a parcel; aggregate share units means the sum of the share units of theparcels (including a provisional block) shown in an approved strataplan.