The management corporation under the Strata Titles Act 1985: issues surrounding its establishment and operation in the state of Penang / Faizal Kamarudin
The management corporation is a body corporate responsible for the management and maintenance of subdivided buildings as provided by the Strata Titles Act 1985 (Act 318). The management corporation represents the collective interest of all the parcel proprietors in a strata scheme and therefore m...
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| Format: | Thesis |
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2006
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| Online Access: | http://studentsrepo.um.edu.my/9469/ http://studentsrepo.um.edu.my/9469/4/THE_MANAGEMENT_CORPORATION_UNDER_THE_STRATA.pdf |
| Summary: | The management corporation is a body corporate responsible for the management and
maintenance of subdivided buildings as provided by the Strata Titles Act 1985 (Act
318). The management corporation represents the collective interest of all the parcel
proprietors in a strata scheme and therefore must perform its statutory duties and
functions efficiently. However, there have been many problems which impinge on the
effective functioning of the management corporation. This study aims at identifying the
problems and issues in the establishment and operation of management corporations in
the State of Penang and to recommend improvements towards increasing the quality of
highrise living. Towards this end, this study also examines the development of law on
subdivided buildings in Peninsular Malaysia with focus on the functions, duties and
powers of the management corporation and aspects of enforcement of legislative
provisions. It is observed that legislative provisions on the development and subdivision
of buildings, in particular provisions relating to pre-formation and post-formation of the
management corporation, are inadequate. Further, most of the penalty clauses have not
been enforced. This study makes recommendation on the improvements of certain
aspects of management by legislative revision and amendments. However, it is clear
that the recommendations can only work if all parties having interests in the subdivided
buildings have the right and positive attitude towards creating a knowledgeable strata
community and improve the living quality. |
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