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thesundaily.com

X

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.

X

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,

X

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

X

X

X

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.