theSun Property August 2015

ON FRIDAY

AUGUST 7, 2015

DATUK PRETAM SINGH

DARSHAN SINGH

HILE

last week’s article

covered the general by-

laws under the Third

Schedule of the Strata

Management Regulation 2015, this

week, we look at what is required

and prohibited by the proprietor

who is the house owner.

GENERAL DUTIES OF A

PROPRIETOR

Promptly pay to themanagement

corporation the charges and

contribution to the sinking fund

relating to his parcel, and all other

monies imposed by or payable to

themanagement corporation under

the Act;

Promptly pay all quit rent,

local authority assessment and

other charges and outgoings

which are payable in respect of

his parcel;

Permit themanagement

corporation and its servants

or agents, at all reasonable times

and on reasonable notice being

given (except in the case of an

emergencywhen no notice is

required), to enter his parcel for the

purposes of:

a) checking for leakages or other

building defects;

b) maintaining, repairing,

renewing or upgrading pipes, wires,

cables and ducts used or capable of

being used in connectionwith the

enjoyment of any other parcel or the

common property;

c) maintaining, repairing, renewing

or upgrading the common property;

and executing anywork or doing

any act reasonably necessary for or

in connectionwith the performance

of its duties under the Act or the

regulations made thereunder

or for or in connectionwith the

enforcement of these by- laws or

additional by-laws affecting the

development and forthwith carry

out all the work ordered by any

competent public or statutory

authority in respect of his parcel

other than suchwork for the

benefit of the building or

common property;

d) repair andmaintain his parcel,

including doors andwindows and

keep it in a state of good repair,

reasonable wear and tear, damage

by fire, storm, tempest or act of God

excepted, and shall keep clean all

exterior surfaces of glass in

windows and doors on the

boundary of his parcel which are

not common property, unless the

management corporation has

resolved that it will keep clean the

glass or specified part of the glass or

the glass or part of the glass that

cannot be accessed safely or at all by

the proprietor;

e) maintain his parcel including all

sanitary fittings, water, gas,

electrical and air- conditioning

pipes and apparatus thereof in a

good condition so as not to cause

any fire or explosion, or any

leakages to any other parcel or the

common property or so as not to

cause any annoyance to the

proprietors of other parcels in the

development area;

f) forthwith repair andmake good

at his own cost and expense any

damage to his parcel if such

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damage is excluded under any

insurance policy effected by the

management corporation and to

carry out and complete such repair

within any time period specified by

themanagement corporation,

failing which themanagement

corporationmay carry out such

repair and the cost of so doing shall

be charged to the proprietor and

shall be payable

on demand;

g) not use or permit to be used his

parcel in such amanner or for such

a purpose as to cause nuisance or

danger to any other proprietor or

the families of such proprietor; not

use or permit to be used his parcel

contrary to the terms of use of the

parcel shown in the plan approved

by the relevant authority; and

h) notify themanagement

corporation forthwith of any change

in the proprietorship of his parcel or

any dealings, charges, leases or

creation of any interest, for entry in

the strata roll; and use and enjoy the

common property in such amanner

so as not to interfere unreasonably

with the use and enjoyment thereof

by other proprietors.

Followour column next week to

learn of the general prohibitions of

proprietors, power of the

management corporation and

changes to by-laws that are possible.

Datuk Pretam Singh

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

PART2

>General duties of proprietors according to the Third Schedule of StrataManagement Regulation 2015