Page 13 - Surveyor 54.3 and 4

Mixed Use Development in Malaysia – Issues for Management

Vol.54 No.3 & 4 2019

the Strata Title Schemes where a 2.4. Management book of the strata register in respect
combination of individual parcels Corporation of the subdivided building or land
and common property with a self- and need not be registered under
governance of Strata Corporation. Management Corporation, in the Companies Act 1965 or the
The individual parcels will indicate benefit of all the proprietors in Societies Act 1966 (Revised 1987).
that each of the strata building and the subdivided building is a body It is administered by the by-laws
each of the individual units will hold corporate to help to control and in the Third Schedule of the Strata
a different title. After the Strata manage the common property of a Titles Act 1985. The Management
Title is registered automatically subdivided building. As the common Corporation has to abide strictly
by the opening of a Book of property is a shared responsibility by the Strata Titles Act 1985 in
Strata Register, the Management of all the proprietors to maintain it, maintaining and managing the
Corporation is formed. The Strata Management Corporation, consisting common facilities (Shukri & Maidin,
Titles Act 2013 has made several of a body of individual parcel 2010).
amendments which include the proprietors is responsible to handle
provisions for the stipulated time all matters affecting the common 2.5. Common Property
frame for the issuance of the strata property and common interest of
titles, issuance for provisional a subdivided building in general. Common properties are owned
strata titles for provisional blocks The common property is controlled communally after a strata
as well as the designation of limited and administered by the developer subdivision (Everton-Moore
common property and creation of before being transferred to the et. al., 2006). According to the
one or more subsidiary management Management Corporation upon the Laws of Malaysia Act 757 Strata
corporations only for the purpose of issuance of the strata titles. Management Act 2013 Section 2,
representing the different interests of The Management Corporation exists the definitions are as follows:
parcel proprietors.
automatically after the opening of

Table 1: Definition of common property and limited common property

Common Property and Limited Common Property

Common Property (a) “in relation to a building or land intended for subdivision into parcels,
means so much of the development area –“

i. “as is not comprised in any parcel or proposed parcel; and
ii. “used or capable of being used or enjoyed by occupiers of two or more
parcels or proposed parcels; or”

(b) “in relation to a subdivided building or land, means so much of the lot – “
i. “as is not comprised in any parcel, including any accessory parcel, or
any provisional block as shown in a certified strata plan; and”
ii. “used or capable of being used or enjoyed by occupiers of two or more
parcels;”

Limited Common Property “Means such part of the common property in a lot –“
(a) “that is designated in a comprehensive resolution referred to in Section 17A
of the Strata Titles Act 1985 for the exclusive benefit of the proprietors of
two or more, but not all, parcels; and”

b) “for which a certificate has been issued by the Director certifying that the
subsidiary management corporation has been constituted under the Strata
Titles Act 1985;”

13