The management corporation under the Strata Titles Act 1985: issues surrounding its establishment and operation in the state of Penang / Faizal Kamarudin

• Main Author: Faizal, Kamarudin
• Format: Thesis
• Published: 2006
• Subjects: K Law (General)
• Online Access: http://studentsrepo.um.edu.my/9469/4/THE_MANAGEMENT_CORPORATION_UNDER_THE_STRATA.pdf; http://studentsrepo.um.edu.my/9469/

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.