theSun Property July 2015

ON FRIDAY

JULY 31, 2015

DATUK PRETAM SINGH

DARSHAN SINGH

ITH

the demise of the

Deed of Mutual

Covenants, the Third

Schedule of the Strata

Management Regulation 2015, now

known as by-laws and any

additional by-laws made under the

StrataManagement Act 2013 (“the

Act”) shall bind the developer, the

joint management body, the

management corporation or the

subsidiarymanagement

corporation, as the casemay be,

along with the purchaser, parcel

owners or proprietors.

It also binds any chargee or

assignee, lessee, tenant or occupier,

of a parcel to the same extent as if

the by-laws or the additional by-

laws have been signed or sealed by

each person or bodymentioned

above, and containmutual

covenants to observe, comply and

performall the provisions of the by-

laws or additional by-laws.

These by-laws shall apply to any

development area:

during themanagement by the

developer before the joint

management body is established;

during themanagement by the

joint management body;

during themanagement by the

developer before the first annual

general meeting of the

management corporation;

during themanagement by the

management corporation after

first annual general meeting of

themanagement corporation ;

and

during themanagement by the

subsidiarymanagement

corporation after it has been

established in respect of the

limited common property .

SALIENT FEATURES OF THE

BY-LAWS

Functions of themanagement

corporation are tomaintain in a

state of good condition, service and

repair, where necessary, including:

renewor upgrade the fixtures

and fittings, lifts, installations,

equipment, devices and

appliances existing in the

development area and used or

capable of being used or enjoyed

by occupiers of two or more

parcels;

maintain, repair and, where

necessary, renewor upgrade

sewers, pipes, wires, cables and

ducts existing in the

development area and used or

capable of being used in

connectionwith the enjoyment

of more than one parcel or the

common property;

where applicable, establish and

maintain suitable lawns and

gardens on the common

property;

where applicable, manage,

maintain and secure suitable

operators for any of the common

utilities, amenities and services

in the common property, such as

launderette, convenience store,

cafeteria, nursery and others, to

reasonable standards of safety

and health for the convenience,

comfort and enjoyment of the

proprietors and occupiers;

renew and upgrade common

propertywhere necessary for the

purpose of retaining and adding

themarket value of parcels in the

development area;

on the written request of a

proprietor of a parcel and on

payment of a fee, which shall not

exceed RM50, furnish to the

proprietor, or to a person

authorised inwriting by the

proprietor, the copies of all

policies of insurance effected

under the Act or effected against

such other risks as directed by

the proprietors by a special

resolution, together with the

copies of the receipts for the last

premiums paid in respect of the

policies;

set up, manage andmaintain

proper procurement procedures

and tender process in a fair and

transparent manner for all

purchases, acquisitions or

awards of contracts in

connectionwith themanagement

andmaintenance of the common

property;

set up, manage andmaintain a

good credit control system in the

collection of maintenance

charges and contribution to the

sinking fund and any other

charges lawfully imposed by the

management corporation;

administer and enforce the by-

laws and any additional by-laws

made under the Act; and

without delay, enter in the strata

roll, any change or dealing

notified to it by any proprietor.

COMMON PROPERTY FOR

COMMON BENEFIT

Themanagement corporation shall

control, manage and administer the

common property for the benefit of

all the proprietors, provided that the

management corporation, by

written agreement with a particular

proprietor, grant him for a defined

period of time, the exclusive use and

enjoyment of part of the common

property or special privileges in

respect of the common property or

part of it, subject to appropriate

terms and conditions to be

stipulated by themanagement

corporation.

To impose a fine, the

management corporationmay, by a

resolution at a general meeting, do

so, of such amount as shall be

determined by that general meeting

against any personwho is in breach

of any by-lawor any additional by-

laws made under the Act.

It is important to note that

defaulters of service charges et

cetera, can have theirs and their

family’s access card denied and also

be imposed a fine.

A defaulter is a proprietor who

has not fully paid the

charges or contribution

to the sinking fund in

respect of his parcel or

any other money

imposed by or due and

payable to the

management corporation

under the Act, at the

expiry of the period of 14

days of receiving a notice

from themanagement

corporation. Any

restriction or action

imposed against a

defaulter shall include his

family or any chargee,

assignee, successor-in-

title, lessee, tenant or

occupier of his parcel.

If any sum remains

unpaid by the proprietor

at the expiry of the period

of 14 days, the proprietor

shall pay interest at the

rate of 10%per annumon

a daily basis or at such

rate as shall be

determined by the

management corporation

at a general meeting, until

the date of actual

payment of the sumdue.

Themanagement

corporationmay prepare

a defaulters’ list showing

the names of the

defaulting proprietors,

their respective parcels

and the amount of the

sum that remains unpaid.

Themanagement

corporationmay also

display the list of

defaulters’ names on the

notice boards at the

building, provided that

such a list shall be

updated by the

management corporation

at the end of every

following calendar

month.

Themanagement

corporationmay, at the

expiry of the period of 14 days, and

without prior notice, deactivate any

electromagnetic access device, such

as a card, tag or transponder, issued

to a defaulter until such time, that

any sum remaining unpaid in

respect of his parcel has been fully

paid, together with a charge not

exceeding RM50 that may be

imposed by themanagement

corporation for the reactivation of

his electromagnetic access device.

During the period of the

deactivation of his electromagnetic

access device, themanagement

corporationmay require the

proprietor to sign in a defaulters’

defaulter requires any assistance for

entry into or exit from the building

or the development area. The

management corporationmay also

stop or suspend a defaulter from

using the common facilities or

common services provided by the

management corporation, including

any car park bay in the common

property that has been designated

for the use of the defaulter.

Themanagement corporation

may accept payment of any sumdue

by a defaulter which is made by his

chargee, assignee, successor-in-title,

lessee, tenant or occupier, and any

of the aforesaid persons, who had

made such payment, shall be

deemed to be irrevocably

authorised by the defaulter to do so.

Followpart two of our article

next week touching on the general

duties and prohibitions of strata title

proprietors.

Datuk PretamSingh

Darshan Singh, a

lawyer by profession,

has previously worked

as Senior Federal

Counsel, Deputy

Public Prosecutor with

the Attorney-General’s

Chambers and legal

advisor to several

government departments and agencies.

He is currently the partner in a legal firm

while simultaneously serving as President

of the Tribunal for Home Buyers’ Claims.

Leveraging his vast knowledge and

decades of experience and knowledge,

he contributes articles to local and

international journals, besides delivering

lectures and talks in relevant forums.

By-laws governing

strata

parcels

Malaysia

Email your feedback and

queries to: propertyqs@

thesundaily.com

PART1

> Third Schedule of StrataManagement

Regulation 2015