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ON FRIDAY
AUGUST 14, 2015
BY
DATUK PRETAMSINGH
DARSHAN SINGH
A
PROPRIETOR
shall not
use his strata parcel
for any purposes, illegal
or otherwise, which
may be injurious to the reputation
of the development area; use as
fuel of any substance or material
which may give rise to smoke or
fumes or obnoxious smells or shall
not use any substance which the
management corporation in a
general meeting shall decide; and
throw or allow to fall, any refuse or
rubbish of any description on the
common property or any part
thereof except in refuse bins
maintained by him or in refuse
chutes or in refuse bins in common
refuse chambers provided in the
building.
PROHIBITION OF NUISANCE
A proprietor shall not use language
or behave in a manner likely to
cause offence or embarrassment
or nuisance to any other proprietor
or to any person lawfully using the
common property.
APPEARANCE, FAÇADE
AND COLOUR OF EXTERIOR
A proprietor shall not change the
appearance, colour code and
façade to any part on the exterior
of his parcel without the prior
written approval of the
management corporation and,
where necessary, the approval of
the appropriate authority.
PEST CONTROL
A proprietor shall take all
necessary steps to prevent his
parcel from infestation by
termites, vermin, rodents, pests
and insects provided that any
netting installed shall first be
approved by the management
corporation.
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X
X
KEEPING OF ANIMALS IN A
RESIDENTIAL BUILDING
A proprietor shall not keep any
particular animal in his strata
parcel or on the common property
thereof that may cause annoyance
or nuisance to the other proprietors
or whichmay be dangerous to the
safety or health of the other
proprietors or which contravenes
anywritten lawor rules and
regulations of the relevant state or
the local authority.
DRYING OF LAUNDRY
In a building used for residential or
dwelling purposes, a proprietor
shall not, except with the prior
written approval of the
management corporation, hang any
washing, towel, bedding, clothing
or other article on any part of his
strata parcel in such a way as to
protrude outside, other than at the
areas designated for such purpose
and leave them there only for a
reasonable period.
IDENTIFICATION FOR
SECURITY PURPOSES
Themanagement corporationmay
require any person on the common
property to identify himself for
security purposes and any person
who refuses to comply andwho is
not a proprietor to leave the
common property or the
development area immediately.
PROHIBITION OF
OBSTRUCTION
All fire escape routes, including but
not limited to, the stairways,
landings and passageways in the
building or the common property
shall not be obstructed by the
proprietor at any time and the
management corporationmay,
without prior notice, remove or
confiscate any property of a
proprietor, including but not
limited to, bicycles, potted plants,
vases, furniture, trolleys, boxes,
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X
X
X
goods or objects of any kind
whatsoever. Themanagement
corporationmay put up a notice of
any removed or confiscated
propertywhichmay be claimed by
the proprietor within fourteen days
fromdate of the notice subject to
payment to themanagement
corporation of a charge not
exceeding RM200. If a removed or
confiscated property is not claimed
at the expiry of the period of
fourteen days, themanagement
corporationmay discard or dispose
of such property as it deems fit
without any liability to the
proprietor.
GARDEN, LAWNS AND
POTTED PLANTS
A proprietor shall not damage any
lawn, trees, shrubs, plants or
flowers in the common property.
ENCROACHMENT ON
COMMON PROPERTY AND
OTHER PARCELS
A proprietor shall not do anything
to his strata parcel whichmay
encroach on any part of the
common property or any other
strata parcels. A proprietor shall
not mark, paint, put up posters or
banners or notices, drive nails or
screws, or fasten brackets or the
like into, or otherwise damage or
deface, any part of the common
property except with the prior
written approval of the
management corporation. An
approval given by themanagement
corporation shall not authorise any
addition(s) to the common
property.
VEHICLES
Every vehicle shall be properly
parked in the designated parking
baywithout causing any
obstruction to any adjacent vehicle
or the flowof traffic. An improperly
parked vehiclemay be towed away
or wheel-clamped by the
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management corporation, at the
vehicle owner’s cost without prior
notice, and in such a case, the wheel
clampwill only be removed after
payment to themanagement
corporation of a charge imposed by
themanagement corporation
which shall not exceed RM200, and
with any towing cost and holding
charge actually incurred by the
management corporation.
SOLID WASTE DISPOSAL
A proprietor shall not cause any
unsightly accumulation of dirt,
garbage, rubbish or debris in his
strata parcel and accessory
parcel that is visible from the
outside and affecting the
appearance or façade of the
building or common property.
RENOVATIONWORKS AND
REPAIRS
A proprietor shall not carry out any
renovationworks to his strata
parcel without first obtaining a
prior written approval from the
management corporation and,
where necessary, from the
appropriate authority.
RESTRICTIONS IN
RENOVATIONWORKS
Unless prior approval inwriting
has been obtained from the
appropriate authority and the
management corporation, a
proprietor shall not:
• construct another floor level to
his strata parcel (e.g. to split the
level of any portion of the existing
floor in the strata parcel by adding
platforms);
• relocate any external door or
windowof his strata parcel;
• remove or make changes to any
building safety feature in his
strata parcel and notwithstanding
such approvals, the proprietor
shall indemnify and keep
indemnified themanagement
corporation against any liability
X
X
X
whichmay be incurred or suffered
as a result of such removal;
• shift any plumbing and sewerage
system in a strata parcel;
• change or upgrade the whole
electrical system in a strata parcel;
or
• illegally connect or tap electricity
supply.
POWER OF THE
MANAGEMENT
CORPORATION
Where the condition of any strata
parcel(s) in the development area
affects or is likely to affect the
support or shelter provided by
that parcel for another parcel in
the same building or the common
property, or causes or is likely to
cause damage or destruction to
another parcel or any property
therein in the same building
or the common property; and
the proprietor of the parcel in
that condition has neglected or
refusedwithin a reasonable time
of twowritten notifications of
at least fourteen days each from
themanagement corporation to
take such action as is necessary to
have that condition rectified; the
management corporationmay, as
agent for the proprietor of the parcel
in that condition, take such actions
and proceedings as are necessary
to have that condition rectified
and themanagement corporation
may recover the cost and expense
of such actions and proceedings
from the proprietor of the parcel in
that condition as a debt due to the
management corporation.
CHANGES TO BY-LAWS
A developer during the developer’s
management periodmaymake
additional by-laws or make
amendments to such additional by-
laws, not inconsistent with the by-
laws in the Third Schedule, with the
approval of the Commissioner of
Building.
A joint management bodymay,
by a special resolution, make
additional by-laws or make
amendments to such additional by-
laws, not inconsistent with the by-
laws in the Third Schedule, for
regulating the control, management,
administration, use and enjoyment
of the building or land intended for
subdivision into parcels and the
common property, including all or
any of the followingmatters:
• safety and securitymeasures;
• details of any common property of
which the use is restricted;
• the keeping of pets;
• parking;
• floor coverings;
• refuse control;
• behaviour;
• architectural and landscaping
guidelines to be observed by all
strata parcel owners; and
• imposition of a fine, not exceeding
RM200 against any parcel owner,
occupant or invitee who is in
breach of any of the by-laws.
Followour article next week on
The StrataManagement Tribunal,
highlighting criminalising non-
payment of service charges.
Affordable luxury atARC@AustinHills
THE
luxuriousARC
@
AustinHills, whichwas
launched recently, is the latest residential
development project by theAndamanProperty
Group.
Situated on a 5.11-acre plot onMount Austin,
Johor, the luxury condominiumproject is
jointly developed byCasaAndaman SdnBhd
(amember of AndamanGroup) andMajlis
Bandaraya Johor Baru.
LIVINGPLEASURES
Mount Austinhas carved a name for itself as
one of themost high-end residential areas in
Johor Baru city centre. Amere 17minutes away
fromtheCustoms, Immigration andQuarantine
(CIQ) Complex in Johor, the development is
situated in a highly sought-after area, befitting
young professionals looking to start a family.
Buzzingwithwell-patronised shops and
restaurants, the township iswell-supported and
self-sufficientwith the likes of AEON, Tesco,
Econsave, Hospital Sultan Ismail, plus a
commercial business centre located just a five-
minute drive away fromthe freehold
development.
The neighbourhood is also surrounded by
notable education institutions such as Sunway
College, AustinHeights Private&International
Schools, FoonYew5 PrimaryChinese School
and others. Tourismappeal is expected to rise
especiallywithAustinHeightsWaterTheme
Park set to open early in 2016 and located
nearby.
ARC
@
AustinHills comprises a total of three
blocks offering a total of 1,843 units in three
variations of 650 sq ft two-bedroomand two-
bathroomunits; 850 sq ft three-bedroomand
two-bathroomunits and900 sq ft three-
bedroomand two-bathroomunits. The project
is expected to be completed in 2019 and is tagged
fromRM237,000 each.
LIFESTYLE INDULGENCES
ARC
@
AustinHillswill also be fully-equipped
with facilities that include anOlympic-size
swimming pool, wading and splashpools, an
outdoor sky garden, a Japanese gardenwith a
koi pond, a gymnasiumand yoga room,
appendedwith 24-hourmulti-tiered security to
ensure the safety of its residents. Besides these
amenities, those living in the area can enjoy
spectacular views and a scenery of lush greenery
surrounding theAustinHeightsGolf and
Hotel Resort.
“The prices of units at the prestigiousARC
@
AustinHills are belowRM420per sq ft. Thisworks
out to 20%belowmarket value and comes as a
value-for-money investment especially for those
looking for affordable luxury,” saidAndaman
Groupmanaging directorDatuk Sri DrVincent
Tiewduring the official launch.
Buyerswill also get to enjoy a 5%early bird
discount if the purchase ismade thismonth.
Moreover, all legal fees for sales andpurchase and
loan agreementswill be subsidised by the
developer. Log on to the official website formore
information.
By-laws governing
strata
parcels
in
Malaysia
PART3
>General prohibitions of a proprietor
according to the Third Schedule of Strata
Management Regulation 2015
From left: AndamanGroup CEO
LimChin Aik, director Datuk
Abdul Rahman Harun, Datuk
Bandar Majlis Bandaraya Johor
Baru Datuk Abdul Rahman
MohamedDewam, Tiew and
Majlis Bandaraya Johor Baru
committee headDatuk Yahya
Jaafar.