TABLE OF
CONTENTS
Welcome to Aspira ParkHomes 1-2
Aspira ParkHomes Location Map 3
Aspira ParkHomes Site Plan 4
General Information 5-6
Unit / Layout 7-8
Building Specifications 9-18
Your Expenses 19
Emergency Guides 20-21
Useful Telephone Numbers 22
Projects Development and Consultants Team 23
One Stop Solution 24
Tresor Loyalty Program 25-26
Additional By-Laws 27-72
WELCOME
TO ASPIRA
PARKHOMES
1
Aspira ParkHomes - a creation by Nusajaya Rise Sdn Bhd, a wholly-owned subsidiary of UM
Sunrise Berhad- is a landed strata residential development with a warm cocoon of lush
greenery in a healthy and sustainable environment.
This Home Owner's Guide is to provide you with information at a glance about your new
home, for you to quickly settle this modern community.
You may look through the Guide to discover more about the uniqueness of this develop-
ment, as each home is designed to be a home for your family to grow together, bask in
warmth and comfort,surrounded by lush greenery nature. The promise of a lifetime of peace
and harmony
We wish you a pleasant stay at Aspira ParkHomes and hope that you will enjoy your new
home located in Gerbang Nusajaya, a sanctuary for your family for generations.
Thank you for choosing Aspira ParkHomes!
2
LOCATION MAP
Aspira ParkHomes
3
BUMI LOT TYPE B - 22’ X 70’ TYPE A - 20’ X 70’SITE PLANLEGEND
List Of L - 286 -L27-L62L7-L52-L-72L428-L-77L232-8L-7L2822-8L-7L2921-9L-7L02L02-9L-6L2-1L29-92L-622-3L28-92363-23L7924-43L25-3L263-LL72--3LL2286--3LL6292--46LL2052-4-6L21424-6L232-6226L1-L2L6-L-02L2-5L-429L3-25L-428L-245L-4L27L25-5L--462L262L5--3452L-217342LL-0822L--9L222L-84-2L29-272-52L6202-55L12-5LL22-5-L3225-2L442-2L32-2L222-L12-2201L9-L2-1L28-1L72-1L26-1LL25L-1L-42-L11-L193-L197-298-209200L01LL2-L-2-L20-L20L-320L4-20-5L20-6L207-208-219210112 L - 183
Common - 285
Facilities LL--LL44-4L-3L3444-4-L3L44434--3LL54244--3LL6441-3-4LL4074-2L4-L9484-L2-L4L4849-L2--53LL744-09L2--5356-1449L32569-52L73-L9L83--L9L449-2-L0L4404-2-0LL43412-0-L2L4242-0-L1344-20L0441-L94LL-1L--48LL-431L-04-97LL5-1443--6049LL463130--95LL7423-09L-L3814-9L-03L094-8L1-9L304-8L-L1L38418---1LL7L33428--5-1L637334-851L3584-5L93L-6L-30L36-L-81L3-436L-832L336-8-33L2368-4L13-8L037-L93L-7LL-38L-3-7LL-6373L5-73-5L-66633L3-675L6-355L7-35L643-L-853L33-6L5-L93237--L50L331-L7L5-3103--7LL43329-2-7L7333-27L384-2LL93-3L-3L033-L-41L383-3L-43L2733--43L3363-44L354-434L3 L L - 184
Serving L - 185
Aspira L - 284 L - 186 L - 182
ParkHomes: L - 181
L - 283 L - 187 L - 180
L - 188 L - 179
L - 282 L - 189 L - 163
L - 178 L - 164
L - 281 L - 190 L - 177 L - 165
L - 166
L L - 280 L - 176
- 279 L - 167
L - 278 L - 168
L - 277 L - 175 L - 169 Masterplan
L L - 191 L - 174 L - 170 OVERALL
L - 192 L - 173
L - 442 L - 193 L - 172
L - 441 L - 194 L - 171
- 440
L L - 195
L - 196
L - 439 L - 232
L - 438
L - 437
L - 436
1. Guard House L - 435 L L - 342
2. Perimeter Fencing - 341
3. Refuse Collection Centre L - 340
4. Community Centre L - 339 L - 043
5. Children Playground L - 044
6. Half Basketball Court L - 338 L - 080
7. Rain Shelter L - 079 L - 045
8. Outdoor Gym L - 337 L - 046 L - 042 L - 007
9. Pavillion L - 078 L - 047 L - 041 L - 008
L - 336 L - 081 L - 077 L - 048 L - 040 L - 009
L - 082 L - 076 L - 049 L - 039 L - 010
- 335 L - 148 L - 115 L - 083 L - 075 L - 050 L - 038 L - 011
L - 147 L - 116 L - 084 L - 074 L - 037 L - 012
L - 315 L - 149 L - 146 L - 117 L - 114 L - 085 L - 073 L - 051 L - 036 L - 013
L -L3-2L63-2L35-2L43-2L33-2232L1-LL3-2-LL033-1-0LL39331--L0L8334--10L37531-0L636-0730L8-L3-0L93-1L301-L13-1L321- 33L1-4L3-0L23-0L13-0L20-9L299-L829-L72-92695 L - 150 L - 145 L - 118 L - 113 L - 086 L - 052 L - 035 L - 014
L - 151 L - 144 L - 119 L - 112 L - 072 L - 053 L - 015
L - 152 L - 143 L - 120 L - 111 L - 087 L - 071 L - 054 L - 034
L - 142 L - 121 L - 110 L - 088 L - 033 L - 016
L - 153 L - 141 L - 122 L - 109
L - 154
L - 155 L - 140 L - 123 L - 108 L - 089 L - 070 L - 055 L - 032 L - 017
L - 156 L - 139 L - 124 L - 107 L - 090 L - 069 L - 056 L - 031 L - 018
L - 157 L - 138 L - 057 L - 030 L - 019
L - 158 L - 137 L - 125 L - 106 L - 091 L - 068 L - 058 L - 029 L - 020
L - 159 L - 136 L - 126 L - 105 L - 092 L - 067 L - 059 L - 028 L - 021
L - 160 L - 135 L - 127 L - 104 L - 093 L - 066 L - 060 L - 027 L - 022
L - 161 L - 134 L - 128 L - 103 L - 094 L - 065 L - 026 L - 023
L - 162 L - 133 L - 129 L - 102 L - 095 L - 064 L - 025 L - 024
L - 130 L - 101 L - 096 L - 063
L - 131 L - 100 L - 097 L - 062
L - 132 L - 099 L - 098 L - 061
4
24
25
ADDITIONAL
BY-LAWS
1. DEFINITIONS
1.1. General
1.1.1. These additional and By-Laws shall constitute the rules & regulation of Laman Aspira
which is part of a stratified development comprising a subdivided land. These By-Laws & Additional
By-Laws are used mainly to preserve the reputation and prestige of Laman Aspira and will assist the
Management in the following manner:
• to promote the harmonious occupancy of the individual parcels within Laman Aspira
• to control the use of the Common Property and Common Facilities
1.1.2. All occupiers in Laman Aspira shall be bound by these By-Laws & Additional By-Laws
pending the formation of the Joint Management Body or Management Corporation pursuant to
Strata Management Act 2013 whereupon these By-Laws & Additional By-Laws may be adopted or
superseded by the Additional By-Laws set up by the Joint Management Body or the Management
Corporation, as the case may be. It is the Management’s desire to create awareness among all Occu-
piers that to achieve the common goal of a reputable and well managed residential building, the
co-operation of all Occupiers in complying with all the rules and regulations is required.
1.1.3. The full authority and responsibility for the enforcement of these By-Laws & Additional
By-Laws lie with the management. Any amendments to this By-Laws & Additional By-Laws has to be
done via an Annual General Meeting / Extraordinary General Meeting of the Joint Management Body
or Management Corporation.
1.2. In this Additional By-Laws unless stated to the contrary, the following words or expressions shall
have the following meaning set forth opposite them: -
“Additional By-Laws” means the covenants set out in this Additional By-Laws as stated under
section 32(2) of SMA including all variations and supplemental made from
time to time. For the avoidance of doubt in the event of any inconsistency: -
a) between this Additional By-Laws and the provisions of any law, such
provisions under the law shall prevail; or
“Agreement” b) between any of the By-Laws contained in this Additional By-Laws, the
Developer shall decide on the applicable prevailing provision and the
Developer’s decision shall be final and binding on the parties
concerned;
“Authority” means any agreement entered between the Developer and the Proprietor(s),
including all variations and supplemental made from time to time;
means any federal, state or local government, semi- government,
quasi-government and/or statutory boards, departments, agencies or
bodies for the time being authorized under any written law in force in
Malaysia;
26
ADDITIONAL
BY-LAWS
“By-Laws” means the by-laws as defined in the Third Schedule of the Strata Manage-
ment Rules (Maintenance and Management) 2015, including any amend-
ments thereof;
“Charges” means all monies payable into Maintenance account in accordance with the
requirements of the SMA;
“Sinking Fund” means all monies payable into Sinking Fund account in accordance with the
requirements of the SMA;
“Common Property” shall be as defined in the SMA as
a) area within the boundary that was not comprise of parcel or propose
parcel; and
b) shall include such areas within the Project which shall be for the use and
enjoyment and benefit of the two or more parcels.
“Common Facilities” means the facilities and services serving the whole Laman Aspira community
as are more particularly specified in the sale and purchase agreements
which are expressly for the sole and exclusive use of the Occupiers of Laman
Aspira
“Management” shall refer to the Developer or Joint Management Body or the Management
Corporation, as the case may be, or its appointed managing agent autho-
rized by the Developer or Joint Management Body or the Management
Corporation to manage Laman Aspira and enforce these Additional
By-Laws.
“Occupier” shall refer to the person in actual occupation or control of the parcel or land
parcel, but in the case of premises for lodging purposes, does not include a
lodger
“Parcel Owner” shall refer to the Purchaser’s, Proprietor’s in respect of those parcels in the
development area which have been sold by the Developer and in case of
unsold parcels
“Visitor” shall refer to any person(s) who is not a Parcel Owner or Tenant
“Rules and Regulations” means the rules and regulations on the use of Common Facilities and/or
Common Area as stipulated under Clause 12 of these Additional By-Laws
“Laman Aspira” shall refer to the project known as Laman Aspira and erected on the land
held under Lot No. 202059 (Previously known as PTD 209474), Mukim of
Pulai, State of Johor
“Developer” means Nusajaya Rise Sdn. Bhd. and includes its successors-in-tittle and
assigns;
27
ADDITIONAL
BY-LAWS
“Joint Management means the joint management body to be established pursuant to section 17
Body (JMB)” of the SMA;
“Management means the management corporation comes into existence under the STA;
Corporation (MC)”
“National Land Code” means the National Land Code 1965 and including the amendments and
re-enactments thereof;
“Proprietor” means all the purchasers or parcel owner of Laman Aspira;
“Tenant(s)” refer to the person or legal entity, that is for the time being renting a Parcel
under a tenancy agreement and the term shall include any persons occupy-
ing or authorized to occupy the Parcel under the tenancy.
“Parcel” means the parcel more particularly described in Section 5 of the First
Schedule of the Sales and Purchase Agreement (SPA) signed between
Proprietor(s) and the Developer;
“Pipes” means all or any pipes, sewers, drains, mains, ducts, conduits, gutters,
watercourses, wires, cables, channels, flues and all other conducting media
and includes any fixings louvres, cowls and any other ancillary apparatus
which are in, on, above or under the land of the Project or any parcel of the
Project (including the Parcel) or which serve the parcels comprised in the
Project and the Common Property;
“Project” means Laman Aspira, Iskandar Puteri, Johor.
“Services” means the services to be provided by the Developer prior to the establish-
ment of the Joint Management Body or the Management Corporation under
the SMA;
“Sinking Fund” means the contribution of fund in accordance with the requirement of the
SMA to be maintained in sinking fund account;
“SMA” refers to the Strata Management Act 2013 including all amendments made
to the SMA from time to time;
“SMR” refers to the Strata Management (Maintenance and Management) Regula-
tions 2015 including all amendments made to the SMA Rules from time to
time; and
“STA” refers to the Strata Title Act 1985 including all amendments made to the
SMA from time to time
28
ADDITIONAL
BY-LAWS
1.3. All references to the provisions of statutes include such provisions thereto as may be amended
or re-enacted from time to time and any regulations or orders made pursuant to such statutes.
1.4. Words applicable to natural persons include any body of person or corporation and vice versa.
1.5. Words importing the singular number shall include the plural number and vice versa.
1.6. Words importing the masculine gender shall include the feminine and neuter gender and vice
versa.
1.7. References to any right of the Developer to have access to the Project or any part or parts there-
of shall be construed as extending to any chargee of the Project and to all persons authorized by the
Developer or the chargee as the case may be including but not limited to agents, professional advis-
ers, contractors and workmen.
1.8. The expression “the Proprietor(s)” shall wherever the context permits include the Occupier or
any person occupying the Parcel with or without the knowledge of the Proprietor(s).
1.9. The expression “the Relevant Parties” means the other Proprietors of the parcels comprised in
the Project and/or such other Proprietors’ family, tenant, servant, agent, licensee, visitor, guest,
invitee and/or Occupier.
1.10. The expression “the Developer” shall wherever the context permits include its representatives,
agents or employees and any person or persons authorized by the Developer to manage the Project.
1.11. The headings to this Additional By-Laws are inserted for convenience only and shall not be
taken into account in the construction or interpretation thereof.
2. GENERAL COVENANTS OF THE PROPRIETOR(S)
2.1. In addition to the By-Laws, the Proprietor(s) shall agree(s) to adhere to and be bound by this
Additional By-Laws herein provided.
2.2. General duties
a) In addition to By-Law 8(3), the Proprietor(s) shall permit the Developer/JMB/MC and/or its assign-
ee, servants, agents or licensees at all reasonable times on reasonable notice being given (except
incase of emergency when no notice is required) to enter the Parcel for the purposes of inspecting the
Parcel and its state and condition.
b) Where the Developer/JMB/MC or its servants, agents or contractors incur or suffer any costs
(labour and materials) and expenses in repairing or making good any damage to the Parcel, the
Proprietor(s) shall bear such costs and expenses. All payments shall be remitted within the time frame
stipulated by the Developer/JMB/MC failing which the Developer/JMB/MC shall be entitled to impose
a late payment charge at the rate of ten per centum (10%) per annum on such sums which are due
and owing by the Proprietor(s) to the Developer/JMB/MC calculated daily from the due date(s) to the
date of actual payment thereof.
29
ADDITIONAL
BY-LAWS
2.3. General Prohibitions
In addition to By-Law 9, the Proprietor(s) shall not use the Parcel for garage sale or sale by auction or
any purposes which may be injurious to the image or reputation of the Project.
2.4. Peaceful enjoyment
In addition to By-Law 10, the Proprietor(s) shall not: -
a) conduct any political, religious, immoral, improper, offensive or unlawful activities or conduct
any customary rites or occult practices or any practice which a nuisance may be, or a source of
annoyance to the Relevant Parties or may be offensive to the Relevant Parties or may be hazard-
ous in nature; and/or
b) use or permit the Parcel to be used in such a manner or for such a purpose or engage in any
activity which may be or become a source of nuisance, annoyance, disturbance, inconvenience,
injury, damage or danger to or which interferes with the peaceful enjoyment of the Relevant
Parties; and/or
c) use the Parcel for any funeral rites, funeral wakes and other associated rites and ceremonies or
any related activities.
2.5. Encroachment on Common Property and other parcels
a) In addition to the restrictions on putting up banners and notices in By-Law 22(2), the Proprietor(s)
shall not affix, attach, hang and/or display on any part of the Parcel which is visible from the outside,
any signboard, show-board, name-bill, placard, advertisement, posters, illuminations, other means
of visual communication or notice or item, machinery or mechanical or electrical apparatus including
but not limited to radio or television aerials, satellite dishes, exhaust fans, floodlights or lighting of
whatsoever description and/or any structures, fixtures or artifacts of any kind relating to or for
religious or cultural purpose or with religious or cultural intonation whatsoever (the interpretation of
which shall be subject to the absolute discretion of the Developer/JMB/MC), save and except with the
prior written consent of the Developer/JMB/MC and the Authority (if applicable) and there shall be no
physical obstruction or encroachment to the adjoining parcels.
b) The personal belongings referred to in By-Law 22(4) shall also extend to water filter, rubbish bin,
cloth hanger, vehicle, tricycles, bicycles, children riding toys, roller skates, skateboard or the like, or
others fixed and movable items.
2.6. Vehicles
2.6.1.In addition to By-Law 25, the following shall apply: -
i) the Proprietor(s) shall observe and comply with all rules and regulations governing the vehicle
parking areas in the Project issued by the Developer/JMB/MC from time to time;
ii) where applicable, the Proprietor(s) shall pay all vehicle parking charges for the usage of the vehicle
parking areas (other than the usage of the accessorized car parking bay for the Proprietor(s)’ of the
Parcel) as may be imposed from time to time by the Developer/JMB/MC;
30
ADDITIONAL
BY-LAWS
iii) the Developer/JMB/MC is not responsible or liable for any theft, burglary, loss or damage or other
misdemeanour to the vehicle and/or their contents parked in the vehicle parking areas however
arising. All vehicles are parked strictly at the Proprietors’ own risk;
iv) motorcycles, bicycles and other forms of transport shall be parked at the designated areas (if any
are provided for the Project) and on no occasion should these vehicles be left or parked in any other
vehicle parking lots or common areas;
v) the Proprietor(s) shall accept and submit to the decision and authority of the Developer/JMB/MC
pertaining to all matters concerning: -
1) the flow of traffic within the common roads, roadways, parking area and the exit and ingress
points of the vehicle parking areas;
2) the manner in which vehicles are to be parked within the vehicle parking areas; and,
3) the entry and exit security precautions and procedures including the installation of any access
card (if any) whereupon the Proprietor(s) shall be required to pay the deposit and/or charges as
shall be determined by the Developer/JMB/MC for the purchase and/or replacement of any
access card (if any).
vi) the Proprietor(s) shall not be allowed to park any vehicle on any vehicle parking bays which is
designated for visitor’s use;
vii) the Proprietor(s) shall use the vehicle parking bays strictly for parking purposes or otherwise as
allowed under the Agreement, the By-Laws or this Additional By-Laws;
viii) the Proprietor(s) and/or Proprietor(s)’ family, tenant, servant, agent, licensee, visitor, guest, invitee
and/or the Occupier shall not park any vehicle in any part of the common area of the development
so as to obstruct the free flow of traffic within the Project and/or interfere with the right of access or
egress to adjacent parcels comprised in the Project, or hydrants or the adjacent roads or roadway or
any fire exits or access routes;
ix) the Developer/JMB/MC reserves the absolute right to impose a charge or fee on the usage of the
visitor parking bays as may be determined by the Management from time to time;
x) the Proprietor(s) shall be responsible for the conduct of the Proprietor(s)’ family, tenant, servant,
agent, licensee, visitor, guest, invitee and/or the Occupier within the Project and shall cause and
procure the Proprietor(s)’ family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the
Occupier to observe, perform and comply with the Agreement, the By-Laws and this Additional
By-Laws and not to cause any annoyance or be a nuisance to the Relevant Parties; and
2.6.2. The Management shall not be held responsible in any manner whatsoever for any
damage to the vehicle or injury or inconvenience (if any) suffered by the Occupier or patron arising
from any of the actions referred to above and where the Occupier attempts to remove the immobilizer
forcibly, the Occupier (or patron, etc., as the case may be) shall be liable for any damage arising
therefrom.
31
ADDITIONAL
BY-LAWS
2.7. Refuse
2.7.1. In addition to By-Law 26, the Proprietor(s) shall not place or dispose combustible
substances such as paint and petroleum products into the rubbish bin whether or not
secured properly in bags or other containers.
2.7.2. Proprietors shall not dispose any bulky material, construction debris, furniture or any
others item other than domestic waste into the rubbish bin or bin center provided in the
development.
2.7.3. When necessary, proprietors shall provide their own roll in and roll off bin (RORO) for the
disposal of the construction and renovation waste. Placement of such bin at the common
area is subject to the approval from the Management. A fees and deposit shall be applica-
ble for placement of the RORO.
2.8. Renovations
2.8.1. The renovation works referred to in By-Law 27 shall include but is not limited to the
following: -
a) make any additions, renovations and/or alterations to the Parcel including if applica-
ble, to awnings, shade screen or other manner of enclosing the balcony (if any) or the
roof (if any); or
b) unite the Parcel with adjoining parcels; or
c) cause or permit any part or parts of the Parcel to be increased in size or altered in
configuration; or
d) make connection(s) with the Pipes otherwise than in accordance with the plans and
specifications which have been previously approved; or
e) hack or do anything to any structural slabs, columns, beams, party wall and/or slab;
or
f) do anything which may affect any mechanical and electrical services of the Project; or
g) install or cause to be installed any electrical motors or engine appliances or air condi-
tioning; or
h) erect any grilles at the balcony (if any), terrace (if any), yard (if any) or patio (if any) of
the Parcel or at any part of the Parcel and/or Common Property.
2.8.2. In respect of the deposit required to be placed by the Proprietor(s) under By-Law 27(2),
the Developer/JMB/MC may use such deposit as security for the strict compliance and performance
of the By-Laws, this Additional By-Laws and/or the provisions of any guidelines as may be stipulated
by the Developer/JMB/MC at its absolute discretion from time to time and against any cost, expense,
loss, damage or injury caused by such renovations works. The Developer/JMB/MC shall be entitled
to apply and utilize such deposit sum towards the payment of any fine, penalty or charges imposed
32
ADDITIONAL
BY-LAWS
by the Authority arising from the breach of the By- Laws, this Additional By-Laws and such guidelines
or to settle any cost, expense, loss, damage or injury, if any, and to refund free of interest to the
Proprietor(s) the balance (if any) when the Developer/JMB/MC is satisfied that the Proprietor(s) has
fully adhere to the By-Laws, this Additional By-Laws and such guidelines. If the fine, penalty, charges,
cost and expense incurred by the Developer/JMB/MC shall exceed such deposit sum, the Proprietor(s)
shall within seven (7) days from the date of notification by the Developer/JMB/MC pay to the Devel-
oper/JMB/MC the shortfall, failing which the Developer/JMB/MC shall be entitled to impose a late
payment charge at the rate of ten per centum (10%) per annum on such sums which are due and
owing by the Proprietor(s) to the Developer/JMB/MC calculated daily from the due date(s) to the date
of actual payment thereof.
2.8.3. In addition to By-Law 27(3), the Proprietor(s) shall agree(s) that when seeking for the
Developer/JMB/MC’s approval, the Proprietor(s) shall strictly follow the standard design provided or
submit the design, drawings and/or plans as approved by the Authority for such renovations works (if
applicable) to the Developer/JMB/MC. If the Developer/JMB/MC shall deem necessary, the Devel-
oper/JMB/MC may consult any consultant on such renovations works for such consultant’s opinion
and the Proprietor(s) shall bear such cost and expense. The Developer/JMB/MC shall be under no
obligation whatsoever to assign any reason or reasons in the event the Developer/JMB/MC rejects the
Proprietor(s)’ request for such renovation works and in the event of the Developer/JMB/MC consent-
ing to the same, the Proprietor(s) shall if deem necessary by the Developer/JMB/MC, in addition
thereto seek the written advice and approval of a professional engineer/architect and shall furnish the
Developer/JMB/MC such written advice and approval prior to commencing any such renovation
works. The consent granted by the Developer/JMB/MC shall not in any way whatsoever relieve the
Proprietor(s) of the Proprietor(s)’ responsibilities or obligations or waive or absolve the Proprietor(s)
from ensuring that such renovations works shall conform strictly to the approved drawings and/or
plans as approved by the Developer/JMB/MC and the Authority, whichever is applicable, and the
provisions of any statutes, rules, regulations or By-Laws By-Laws for the time being in force. For the
avoidance of doubt, where the approval of the Authority is applicable, notwithstanding that the
approval of the Authority has been obtained by the Proprietor(s), the Developer/JMB/MC is not bound
to give the Developer/JMB/MC’s approval.
2.8.4. In addition to By-Law 27, the Proprietor(s): -
i) undertakes that any internal partition and/or any renovation to the Parcel shall obtain such approv-
al from the Local Authority subject to the Street, Drainage and Building Act 1974 and in accordance
with the fire rating requirements or other requirements or regulations of the Authority.
ii) shall not remove absolutely or re-locate any identified fire doors and walls provided by the Devel-
oper/JMB/MC and any removal or relocation shall be subject always to the By-Laws and this Addi-
tional By-Laws and the costs of such works shall be borne by the Proprietor(s);
iii) shall upon the Developer/JMB/MC and the Authority, whichever is applicable, granting its consent
in writing, submit to the Developer/JMB/MC a work schedule of his intended renovations works.
iv) shall when such renovations work has commenced: -
a) the Proprietor(s) shall cause the Proprietor(s)’ contractor to provide names, copy of identity card
or passport and particulars of all contractors and workers carrying out such renovation works
and any other such documents relating to such renovations works.
33
ADDITIONAL
BY-LAWS
b) the Proprietor(s) shall ensure that the none of the Proprietor(s)’ contractor stores any building
materials or leave any debris or rubbish or erect any workers’ quarters on any part of the
Common Property.
c) the Proprietor(s) shall ensure that each of the Proprietor(s)’ contractor shall take all measures to
keep the noise level to the minimum during the renovation period so as not to cause nuisance
to the adjoining parcels.
d) the Proprietors(s) shall explain and inform the contractor to strictly follow the by-law and
additional by-law and regulation set by the authorities and the management to control such
work.
e) the Proprietor(s) shall not keep or allow the contractor or its personal to stay within the parcel
exceeding the time allowed by the by-law or this Additional By-Laws and any other rules and
regulation set by the authorities and the management.
f) The administration/processing fee will be imposed upon work commencement date and on each
subsequent if there is any extension of the period. The charges will be stipulated on the notice
board as may be determined by the Management from time to time and are payable upon
confirmation of the renovations works.
v) shall where such renovations works to be carried out are in whole or in part electrical in nature, the
Proprietor(s) shall at the Proprietor(s)’ own cost and expense obtain a certificate from a qualified and
certified electrical engineer that any extra electrical socket plugs, power points, electrical motors or
engine appliances or air conditioning parcels installation shall not overload, depreciate or cause
damage to or disrupt the power supply or to any of the existing electrical installation in any part of the
Common Property and/or the Project.
vi) shall where such renovation to be carried out, the proprietor(s) or its appointed contractor shall
manage their own rubbish, thrash, and debris on the following manner:-
a) Places their own roll on roll off out bin for all their renovation debris and bulky material.
b) Such bin shall be place within the parcel boundary itself and not obstructing any part of the
common area. Placement of such bin on any part of the common property are strictly prohibited
unless a written consent from the management is provided in advance.
2.8.5. The prohibitions in By-Law 29(1) shall in addition to the walls, also extend to the ceiling
and floors.
3. RENOVATION, DELIVERY, AND REMOVAL
3.1.1. SCHEDULE OF WORKS
i) Renovation, delivery of goods and removal works are restricted to the days and hours
described in Appendix A herein or any changes that will be posted on the Notice Board
from time to time by the management/developer/JMB/MC
34
ADDITIONAL
BY-LAWS
ii) The Management may impose a default fee of such an amount as shall be placed on the
Notice Board from time to time if any Occupier fails to seek the written consent to work
beyond the scheduled days and times
iii) Occupiers and their contractors are reminded to inform the Management Office of their
schedules. A Tenant must produce a letter of consent from the Parcel Owner to carry out
any works on the Parcel
3.1.2. RENOVATION & DELIVERY
i) All renovation, delivery of goods and removal work require a permit from the Manage-
ment and must be reported at the security checkpoint prior to the work being carried out.
Otherwise, the Management reserves the right to refuse entry to any personnel for what-
ever purposes which cannot be verified there and then.
ii) Application for the delivery work permit must be made minimum 3 days in advance. On
the spot application shall not be entertain and the Management reserve the right to
prevent such delivery from entering the compound of Laman Aspira;.
iii) All contractors must report at the security checkpoint to obtain worker passes and must
always wear such passes whilst in Laman Aspira. No contractors are allowed to move
freely or unsupervised around Laman Aspira. Security personnel have the right to question
any person in Laman Aspira including those found with or without a pass and may at the
Management’s sole discretion eject them from Laman Aspira;
iv) All Occupiers and their Contractors shall be solely responsible for the security of their
Parcel and shall take all necessary steps to secure the same. The Management shall not
be liable for any loss or damage of materials, personal belongings, fixtures, and fittings
in the Parcel.
3.1.3. MANNER OF CARRYING OUT WORKS
a) All Works shall be carried out in accordance with the By-Laws & Additional By-Laws of the
Appropriate Authorities and the contractors shall generate no excessive noise (including
but not limited to the grinding of floors) during office hours. Any Works, which will create
excessive noise, shall be confined to hours designated by the Management
b) Packing and crating materials must be removed by the Occupiers and their contractors to
a dumping ground approved by the Appropriate Authorities outside the compound of
Laman Aspira
c) An Occupier, his contractor or any sub-contractor must not in any way obstruct the pave-
ment, entrances, passages, lifts, staircases or the Common Property or use any of them
for any purpose other than entry or egress
d) No food and smoking are allowed in any part of the Common Property other than those
areas designated by the Management
35
ADDITIONAL
BY-LAWS
e) Any matters relating to public safety and construction safety regulations and practice on
site shall be complied with. All accidents shall be reported immediately to the Manage-
ment
f) Temporary scaffolding, benches, bench saws, tool, equipment and construction materials
must be confined within the Parcel or approved working areas
g) No drilling, cutting or chasing of any openings of any description in any part of the basic
building structure is allowed. No drilling of nails or sharp objects on or into the floor, wall
or ceiling of the building is permitted. Prior written approval shall be obtained from the
Management if any of the above activities are deemed necessary
h) The Occupier shall not make or drill or caused to be made or drilled holes or to make any
ingress and egress openings internally or otherwise on the floor, wall or ceiling of the
Parcel, the opening of a void for the construction of a staircase or connection between
floors, or the party walls or common areas of Laman Aspira without the prior written
approval of the Management
i) In the event any Works are carried out without the Management’s consent or without any
permit or licence from the Appropriate Authority or Works are not disclosed to the
Management, the Management has the sole and absolute discretion to stop such Works
or to stop the contractors from entering Laman Aspira until such time as the Occupier shall
have obtained the requisite consent from the Management and the Appropriate Authority.
If the Purchaser fails and/or omits to apply for the requisite consent within forty-eight (48)
hours from the date of stoppage of works, the Vendor/Management may upon giving
forty- eight hours’ notice in writing to the Purchaser, proceed to remove such works and
the costs incurred as a result thereof shall be borne by the Purchaser and shall be deemed
a debt due from the Purchaser to the Vendor/Management. The Management shall not
liable for any claims, fines or penalties that may arise from such works or stoppage of the
same. Occupiers shall make good damage to the building’s structure within and without
the Parcel and such costs shall be borne by the Occupiers or deemed a debt due by the
Occupiers
j) The Occupier shall be liable for a maximum penalty of RM 200.00 for any Works carried
without prior approval by the Management. If any damage is occasioned to or any unau-
thorized Works has affected any part of the Common Property, the Management may at
its discretion rectify or reinstate the same (including clearance of any debris, rubbish etc.)
at the Occupier’s cost and expense and such sum, until the Occupier makes payment,
shall remain a debt due to the Management
k) Upon completion of the Works, the Occupier shall inform the Management of the comple-
tion and arrange for a joint inspection of the Parcel and the surrounding Common Proper-
ty. Where required, the Occupier shall provide the Management with a copy of the as-built
plans in relation to the Works carried out
l) Any order made by the Appropriate Authority for the removal of the illegal Renovation
Works shall be complied by the Purchaser at the Purchaser’s own costs
m) In the event the Vendor/Management is required to consult any consultants for comments
or opinion for the proposed Renovation Works, the Purchaser shall pay the consultants’
36
ADDITIONAL
BY-LAWS
fee for such comments or opinion and an amount determined by the Vendor/Manage-
ment as agreed administrative fee from time to time depending on the extent of the Reno-
vation Works
n) The Purchaser shall be responsible for the conduct and behaviour of the contractors,
sub-contractors and workmen engaged to carry out the Renovation Works (collectively
called the “Contractors”). Any damage to any part or parts of the Building or the Project
caused by the moving of furniture of other personal effects shall be replaced or repaired
at the expense of the Purchaser
3.2. Moving In & Out
a) The Proprietor(s) undertakes to ensure that the Common Property are not damaged in the
course of such moving and shall at the Proprietor(s)’ own cost and expense repair and make
good any damage which may be caused in the process of such moving.
b) The Proprietor(s) shall inform to the Management at least 2 days in advance prior to the moving
in date and to place any deposit required by Developer/JMB/MC and such deposit may be use
as security for the strict compliance and performance of the By-Laws
c) The Proprietor(s) shall observe the hours as stipulated by the Developer/JMB/MC for such
moving so as not to affect or disturb the peaceful enjoyment/operations of the Project.
3.3. Proprietor(s)’ indemnity
The Proprietor(s) shall be responsible for and shall indemnify and keep the Developer/JMB/MC fully
indemnified against any demand, claim, proceeding, action, fine, penalty, cost, loss, damage, liabili-
ty and/or expense made against or suffered or incurred by the Developer/JMB/MC and against any
injury or death of any person and/or damage to any Parcel, arising directly or indirectly from: -
i. any act, omission or negligence of the Proprietor(s) and/or the Proprietor(s)’ family, tenant,
servant, agent, licensee, visitor, guest, invitee and/or the Occupier or any person(s) at the Parcel
and/or within the Common Property and the Project expressly or impliedly with the Proprietor(s)’
authority; and/or
ii. any breach or non-observance by the Proprietor(s) and/or the Proprietor(s)’ family, tenant,
servant, agent, licensee, visitor, guest, invitee and/or the Occupier of the Agreement, the
By-Laws and this Additional By-Laws.
iii. any renovation works including but not limited to those arising from the conduct of the Propri-
etor(s)’ contractors, their servants or agents at all times.
3.4. Notification of accidents
The Proprietor(s) shall notify the Developer/JMB/MC immediately of any damage or accident to or
defect in the Pipes, electrical installation or fixtures that the Proprietor(s) is/are aware of at all times.
3.5. Cleaning
The Proprietor(s) shall take all precautions when cleaning any part of the Parcel so as to prevent water
37
ADDITIONAL
BY-LAWS
from running down the exterior of the Parcel into other parcels comprised in the Project or into any
part of the Common Property.
3.5. Cleaning
The Proprietor(s) shall take all precautions when cleaning any part of the Parcel so as to prevent water
from running down the exterior of the Parcel into other parcels comprised in the Project or into any
part of the Common Property.
3.6. Increase in Insurance Premium
The Proprietor(s) shall not do anything that may cause an increase in the rates of insurance premium
or may result in the cancellation, invalidation or non-renewal of any insurance policies in respect of
the Project.
3.7. Party Wall
The Proprietor(s) shall agrees that the wall separating the Parcel from the adjoining parcel or located
between the Parcel and the Common Property shall mean to be a party wall or party walls, as the case
may be, and shall be maintained and kept in repair from time to time at the joint cost and expense
of the Proprietors for the time being of the parcels separated thereby.
3.8. Occupancy
a) The parcel shall only be used for a residential purpose only.
b) In accordance to Section 9(2)(e) of the SMA, all owner is required to register their occupancy to the
Management and update the information from time to time. The management reserve the right to
deactivate any electronic access right shall the Proprietor(s) did not register their occupancy or
when necessary, update the occupancy status of their parcel.
c) The Proprietor(s) shall agree(s) that the Developer/JMB/MC reserves the right to request any of the
Proprietor(s)’ family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the Occupier in
breach of any provisions of the Agreement, the By-Laws or this Additional By-Laws to leave the
Project immediately without assigning any reasons therefor.
d) The Proprietor(s) shall agree that no business-oriented services operated on his/her parcel includ-
ing but not limited to any form of lodging or accommodation services.
3.9. Air conditioners
a) The Proprietor(s) shall be responsible at its own cost and expense for the cleanliness, maintenance
and preservation of the designated area and the Developer/JMB/MC shall not be responsible for
any damage or loss to the air-conditioner compressor. The designated area must not be sealed or
covered failing which the Developer/JMB/MC shall be entitled to issue a notice to the Proprietor(s)
requesting the removal of such seal or cover failing which the Developer/JMB/MC is entitled to (but
not obliged to) remove such seal or cover at the cost and expense of the Proprietor(s).
b) The Proprietor(s) shall be liable to pay the Developer/JMB/MC the costs and expenses incurred by
38
ADDITIONAL
BY-LAWS
the Developer/JMB/MC in this sub-covenant within fourteen (14) days from the date of the written
notice from the Developer/JMB/MC requesting for payment failing which failing which the Devel-
oper/JMB/MC shall be entitled to impose a late payment charge at the rate of ten per centum
(10%) per annum on such sums which are due and owing by the Proprietor(s) to the Developer/JM-
B/MC calculated daily from the due date(s) to the date of actual payment thereof
3.10. Breach
Any breach of any of the Agreement, the By-Laws or this Additional By-Laws by the Proprietor(s)’
family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the Occupier shall be deemed to
be a breach by the Proprietor(s) of the Agreement, the By-Laws or this Additional By-Laws. The Propri-
etor(s) shall be liable for any costs, expenses, losses and damages caused by the Proprietor(s) and
any of the Proprietor(s)’ family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the
Occupier (if any).
4. PROPRIETORSHIP AND MAINTENANCE OF COMMON PROPERTY
4.1. The Proprietor(s)’ interest and undivided share in the Common Property shall be the allocated
share units assigned to the Parcel by the Developer’s licensed land surveyor. The undivided share of
the Proprietor(s) in the Common Property is appurtenant to the Parcel and shall not be separated
therefrom and shall pass with the title to the Parcel whether or not separately described. The Propri-
etor(s)’ undivided share in the Common Property appurtenant to the Parcel cannot be conveyed or
encumbered except together with the Parcel. The share in the Common Property appurtenant to each
parcel shall remain undivided and the Proprietor(s) shall undertake not to take any action for partition
of the Common Property or any part thereof.
4.2. Notwithstanding the duty of the Developer/JMB/MC to clean, repair, maintain, replace,
manage and upkeep the Common Property, the Developer/JMB/MC and/or its assignee, servants,
agents or licensees shall not be liable to the Proprietor(s) and/or the Proprietor(s)’ family, tenant,
servant, agent, licensee, visitor, guest, invitee and/or the Occupier for any cost, expense, injury, loss
or damage caused by the neglect or omission on the part of the Developer/JMB/MC and/or its
assignee, servants, agents or licensees in the discharge of its duties and obligations herein contained.
5. EASEMENTS
In addition to any easements created under the National Land Code and the STA, the Proprietor(s)
shall agree that the other Proprietors of the parcels comprised in the Project and the Developer/JM-
B/MC shall enjoy the following easements: -
5.1. Support
Each unit shall have an easement of support and necessity and shall be subject to an easement of
support and necessity in favour of all the parcels comprised in the Project.
5.2. Utility services and drainage
Easements are reserved under through and over the Parcel and all the parcels comprised in the
Project and the Common Property together with such ancillary rights as shall be necessary in connec-
tion with such utility services and drainage serving the Project.
5.3. Ingress and egress
39
ADDITIONAL
BY-LAWS
An easement in favour of the Proprietor(s), the other Proprietors of the other parcels in the Project
and/or the Proprietor(s)’ and the other Proprietors’ family, tenant, servant, agent, licensee, visitor,
guest, invitee and/or the Occupier shall exist for pedestrian traffic over through and across the
sidewalk, paths, walks and other portions of the Common Property as may from time to time be
intended and designated for such purposes and use and for vehicle and pedestrian traffic over,
through and across the roads, roadways and such portions of the Common Property as may from
time to time be paved and intended for such purposes subject to the By-Laws and this Additional
By-Laws.
5.4. The Proprietor(s) shall agree(s) that the Developer/JMB/MC shall enjoy the following easements
and reservations which are not intended to be exhaustive and may be amended, varied and added
to as the Developer/JMB/MC may in its absolute discretion deem fit:-
a) Construction
The Developer/JMB/MC reserves the easements, licenses, rights, privileges of a right of way in
through, over, under and across the Parcel, the Common Property and the Project for the
installation, maintenance, inspection and repair of lines and appurtenances for public or
private use, the Pipes and other utilities, services, facilities and any other materials or services
necessary for the completion of such works.
b) Other construction
The Developer/JMB/MC shall further have an easement in, on, over and across the Parcel, the
Common Property and the Project for:-
i) Construction, installation, maintenance, ingress to and egress from and the right to use,
including the right to use (in common with all the other Proprietors of the parcels comprised
in the Project) any open spaces and to tap into all Pipes and other utility services facilities
serving the Project and for any other projects which may be developed by the Developer/JM-
B/MC in the vicinity of the Project;
ii) Ingress to and egress from all open land areas of the Common Property and the Project (in
common with all the other Proprietors of the parcels comprised in the Project) for any lawful
purpose; and
iii) to erect, maintain, repair and replace from time to time and at any time hereafter one or
more signs on the Common Property and the Project for the purposes of advertising the sale
or letting out of any unsold parcels of the Project and any other projects which may be devel-
oped by the Developer/JMB/MC.
c) Riser Rooms, Water Tanks, Sub-Stations, etc
For the purposes of maintaining security and safety of the Project generally: -
i) the Proprietor(s) shall agree(s) and consent(s) that the Developer/JMB/MC shall have the
discretion to prohibit any access and entry by the Proprietor(s) at any time and from time to
time to the Common Property or any part thereof not limiting to the riser rooms, security
control room (if any), elevator tubes (if any), electricity sub-stations and water tanks areas;
and
ii) the Developer/JMB/MC shall be entitled to lock and secure the riser rooms, elevator shafts (if
40
ADDITIONAL
BY-LAWS
any), the water tanks, electricity sub-stations and such other areas located within the Common
Property as may deem fit by the Developer/JMB/MC from time to time and to restrict the
access by the Proprietor(s) and the other Proprietors of the parcels comprised in the Project.
d) Sales activity
The Developer shall have the right to use any unsold parcels in the Project and portions of the
Common Property and the Project as show units and project office respectively and to display show
units, the Common Property and the Project to prospective purchaser, lessees or tenants and to erect
signs and other promotional materials. In addition, the Developer shall be entitled to place notices at
such places of the unsold units of the Project as the Developer deems appropriate for the purposes of
selling or letting out the unsold units of the Project.
e) Additional easements
The Developer/JMB/MC shall have the right to grant such additional electric, gas, water, sewer,
drainage, cable television or other utility easements in any portion of the Common Property and the
Project as the Developer/JMB/MC may deem necessary or desirable or for the purposes of carrying
out the provision herein contained.
f) Encroachment
If any of the parcels comprised in the Project or any portion of the Common Property encroaches
upon the Parcel; or any encroachment shall hereinafter occur because of: -
1. the construction by the Developer/JMB/MC; or
2. settling or shifting of any such constructions; or
3. any repair, additions, alterations, renovations, improvements and/or replacements to the
Common Property made by or with the consent of the Developer/JMB/MC; or
4. any repair or restoration of any of the parcels comprised in the Project or any portion of the
Common Property after damage by fire or other casualty with the consent of the Developer/-
JMB/MC;
then in any of the above events, a valid easement shall exist and shall be deemed created and
granted in favour of the Developer/JMB/MC and the Proprietor(s) of any of the parcels comprised
in the Project.
g) Developer/JMB/MC’s other reservation
The Developer/JMB/MC reserves the right to establish, grant and create easements for any additional
underground electric and Pipes and other utility services, facilities and appurtenances in, under, over
and/or through the Common Property and the Project to relocate any existing Pipes and other utility
services, facilities or easements in any portion of the Project, and to dedicate any or all of the afore-
said easements to the Authority if the Developer/JMB/MC shall deem it necessary or desirable or in
connection with the development of the Project or any other projects which may be developed by the
Developer/JMB/MC in the vicinity of the Project. The Authority providing or furnishing services to the
Project, and their servants and agents, shall have the right of access to the Parcel, the Common
Property and the Project.
41
ADDITIONAL
BY-LAWS
5.5. The Proprietor(s) shall agree that the benefits and burdens to the Proprietor(s) as provided
under the easements set out in this Additional By-Laws shall be binding effective and enforceable
against the Proprietor(s), in the case of a natural person, its personal representatives, heirs and
successors and in the case of the Developer/JMB/MC or a corporation, their respective succes-
sors-in-title and permitted assigns.
5.6. The Developer/JMB/MC shall be entitled to register the easements set out herein and such other
easements as the Developer/JMB/MC may in its absolute discretion deems fit against the separate
strata title to the Parcel when the same is issued by the Authority in accordance with the provisions of
the National Land Code and the STA and the Proprietor(s) shall agrees, covenants and undertakes
with the Developer/JMB/MC to execute such requisite forms as may be necessary to effect the regis-
tration of the said easements. The Proprietor(s) shall agree that the form of the said easements or any
one thereof may be amended or varied by the Developer/JMB/MC to facilitate and effect the proper
and legal registration of the same. All cost of and expense incidental to the registration of the said
easements or any one thereof shall be borne by the Developer/JMB/MC who shall be reimbursed
from the Proprietor in proportion to the allocated share units of each parcel.
6. CHARGES AND SINKING FUND
6.1. The Developer/JMB/MC shall be entitled to collect the Charges from the Proprietor(s) for the
maintenance and management of the Project. The Proprietor(s) shall pay the Charges to the Devel-
oper/JMB/MC, commencing on the date of vacant possession of the Parcel is delivered or deemed
delivered (whichever is earlier) to the Proprietor(s) or in the case of subsequent Proprietor, on the date
as determined by the Developer/JMB/MC.
6.2. The Developer/JMB/MC shall determine the amount of the Charges for the maintenance and
management of the Project payable by the Proprietor(s) according to the allocated share units
assigned to the Parcel.
6.3. The Proprietor(s) shall pay four (4) month’s advance in respect of the Charges within fourteen
(14) days from the date of vacant possession by the Proprietor(s) of the Developer/JMB/MC’s written
notice requesting the same, and any payment thereafter shall be payable monthly in advance from
the date or deemed date of delivery of vacant possession of the Parcel, failing which the Developer/-
JMB/MC shall be entitled to impose a late payment charge at the rate of ten per centum (10%) per
annum or any rate as permitted under the SMA on such sums which are due and owing by the Propri-
etor(s) to the Developer/JMB/MC calculated daily from the due date(s) to the date of actual payment
thereof.
6.4. The Charges may be increased by the Developer from time to time at the Developer's sole and
absolute discretion from the date as stipulated in the Developer's written notice. For JMB/MC, the
Charges may be increased in accordance with the SMA.
6.5. The Proprietor(s) shall agree that the Charges shall not be refunded to the Proprietor(s) in the
event that the Proprietor(s) shall sell, dispose of, assign or transfer the Parcel to the subsequent Propri-
etor and the Proprietor(s) shall irrevocably authorizes the Developer/JMB/MC to transfer any amount
standing to the credit in the Proprietor(s)’ account directly to the subsequent Proprietor.
6.6. For the avoidance of doubt, the Charges shall be payable by the Proprietor(s) in full notwith-
standing the Proprietor(s) may not have occupied/utilized the Parcel or may have ceased (temporarily
or permanently) to occupy/utilize the Parcel.
42
ADDITIONAL
BY-LAWS
6.7. Any dispute in relation to the standard and/or quality of the Services or facilities provided by the
Developer/JMB/MC shall not be used as a basis for delay or non-payment of any payment reserved
hereunder including but not limited to the Charges and/or the Sinking Fund and any late payment
charges thereon. Any complaints made by the Proprietor(s) on defects, shrinkages or other faults in
the Parcel and/or the facilities and/or the Services and/or the Common Property shall not entitle the
Proprietor(s) to delay and/or to withhold payment of any payment reserved hereunder including the
Charges and/or the Sinking Fund and any other outgoings.
6.8. A certificate issued by the Developer/JMB/MC and signed by the officer of the Developer/JM-
B/MC shall be final and conclusive and binding on the Proprietor(s) as to the amount of the Charges,
Sinking Fund and the basis of apportionment of the cost and expense between the respective Propri-
etor(s) of the parcels in the Project.
6.9. If the Proprietor(s) purchased the Parcel from a subsequent sale transaction (“the Subsequent
Proprietor”), the Charges and the Sinking Fund shall continue to be borne by the original Proprietor(s)
until the date the Developer/JMB/MC receives the signed and stamped duplicate copy of the deed of
assignment entered into between the original Proprietor(s) and the Subsequent Proprietor (unless
otherwise waived by the Developer/JMB/MC).
7. PARCEL TO BE RENTED OUT
In addition to any rental allowed under the under the National Land Code, the Proprietor(s) shall
agree that the other Proprietors of the parcels comprised in the Project and the Developer/JMB/MC
shall comply with the following rules: -
7.1. The Proprietors MUST register the particulars of the Tenancy and the Tenant(s) with the
Management. The Proprietor shall deposit with the Management a copy of the tenancy agree-
ment and shall update the Management on any changes and/or renewal of the tenancy.
7.2. It shall be the duty of the Proprietor to forward a copy of the By-Laws and Additional By-Laws
to the Tenant(s). A copy of the By-Laws and Additional By-Laws may be procured from the
Management.
7.3. Once a Parcel is rented out, the entitlement to the use of the Common Areas and the Common
Facilities is automatically transferred to the Tenant and the Proprietor is no longer entitled to use
these facilities.
7.4. Shall the Proprietor(s) appoint any property agent, the copy of the appointment letter should be
deposited at the management office and only authorized personal shall be allowed to enter the
development area.
7.5. All appointment of the property agent shall comply with the Malaysian Estate Agency Standard
and representative from the company must always inform the management office in advance
on any property viewing arrangement.
43
ADDITIONAL
BY-LAWS
7.6. Proprietor(s) in regard to the tenancy shall not relieve from the obligation stated under this
By-Laws and Additional By-Laws and must be held responsible on their tenant(s) misconduct
and behaviour.
7.7. The Developer, JMB, MC or their appointed managing agent shall be excluded in any dispute
arise between Proprietor(s) and Tenant(s) and at any case shall be disclaimed from any legal
action arise between both parties.
7.8. The management in maintaining exclusivity and safety of the Occupier in the development area
shall reserve the right to deactivate any electronic access to particulars Tenant(s) shall the term
of tenancy has been expired (if needed). The Proprietor(s) shall notify the management at least
1 month in advance on the renewal together with any supporting documents.
7.9. Proprietor(s) shall not allow any change to the original building design whether with permanent
and/or non-permanent structure resulting to additional room for the purposed of renting
and/or letting such room for accommodation purposes which resulting to the usage of the
hostel without approval from the relevant authorities and Developer/JMB/MC. The manage-
ment reserve the right to stop such activities and the cost shall be back charge to the propri-
etor(s).
8. SHORT-TERM LETTING
In addition to any rental allowed under this Additional By-Laws No.7, the Proprietor(s) shall agree that
the other Proprietors of the parcels comprised in the Project and the Developer/JMB/MC shall comply
with the following rules: -
8.1. Definition
8.1.1. The definition of Short-Term Letting shall be interpreted as any form of rental, license or such
other terminology which shall have the same meaning or interpretation for a term less than 1
months.
8.1.2. The short-term leasing also shall include any form or businesses that allowed the use of the
individual parcel to be used for public on the basis of providing accommodation with a
business in nature which shall include but not limited to Bed and Breakfast, Lodging and
Room Sharing.
8.1.3. This service may or may not include other services such as housekeeping, cleaning, concierge,
food and beverages or any other form of support services for such accommodation services.
8.2. Prohibition of Short-Term Letting
8.2.1. The proprietor(s) shall not allow and cause to allow such tenancy / letting to take place on their
property.
8.2.2. The management reserve the right to expel such tenant from the Laman Aspira shall it is
occurred and imposed a maximum penalty to the proprietor(s) and the proprietor(s) shall
indemnify the management against such losses, damage etc.
44
ADDITIONAL
BY-LAWS
9. JOINT MANAGEMENT BODY AND MANAGEMENT CORPORATION
The Proprietor(s) shall agrees after the establishment of the Joint Management Body or after the first
annual general meeting of the Management Corporation, in addition to the rights, powers and duties
conferred under the STA, SMA, SMA Rules or any applicable laws and regulations, the Joint Manage-
ment Body and the Management Corporation, as the case may be, shall also assume the rights,
powers and duties created in favour of the Developer herein and shall be entitled to and be responsi-
ble for the enforcement of the covenants created on the part of the Proprietors of the parcels
comprised in the Project and the collection of the Charges and the contribution to the Sinking Fund
herein provided.
10. INSURANCE
10.1. Insurance covering the Common Property and the Project shall be governed by the following
provisions: -
a) Purchase
i) The Developer/JMB/MC shall insure the common area in accordance with the Section 97 of SMA
and where possible, insure and keep insured the Common Property and the Project against such
risks as the Developer/JMB/MC may determine in its absolute discretion, in the name of the
Developer/JMB/MC with such reputable licensed insurer as the Developer/JMB/MC may deter-
mine in its absolute discretion.
ii) The Developer/JMB/MC may take additional policy and where possible inclusive on the
standard JMB/MC package insured against such risks as the Developer/JMB/MC may determine
in its absolute discretion, in the name of the Developer/JMB/MC with such reputable licensed
insurer as the Developer/JMB/MC may determine in its absolute discretion.
b) Custody of policies and payment of proceeds
All policies shall provide that payments of any compensation for losses payable by the insurer shall
be paid to the Developer/JMB/MC and all policies and endorsements thereon shall be deposited with
the Developer/JMB/MC.
c) Personal Parcel and liability
The Proprietor(s) shall insure and keep insured all fixtures and fittings, equipment, furniture and such
other valuable items and personal effects situated within the Parcel at the Proprietor(s)’ own cost and
expense.
10.2. The Proprietor(s) shall bear a portion of the premium payable in respect of the insurance
policies taken up and maintained by the Developer/JMB/MC, such portion to be determined
according to the allocated share units assigned to each parcel, from the date or deemed date
of delivery of vacant possession of the Parcel, failing which the Developer/JMB/MC shall be
entitled to impose a late payment charge at the rate of ten per centum (10%) per annum on
such sums which are due and owing by the Proprietor(s) to the Developer/JMB/MC calculated
daily from the due date(s) to the date of actual payment thereof. In the event that any increase
in the premium payable in respect to such
45
ADDITIONAL
BY-LAWS
insurance policies shall have been caused by any act, neglect or omission or breach by the
Proprietor(s) of the provisions contained herein such increase shall be assessed separately and
borne solely by the Proprietor(s).
10.3. All insurance policies purchased by the Developer/JMB/MC for the building, Common Property
and the Project shall be for the benefit of the Developer/JMB/MC and the Proprietor(s) of the
parcels comprised in the Project and their chargees or assignees, as their interest may appear,
and shall provide that all proceeds covering property losses shall be paid to the Developer/JM-
B/MC.
10.4. Subject to Section 100 of the SMA, proceed of insurance policies received by the Developer/JM-
B/MC shall be disbursed to or for the benefit of the Developer/JMB/MC and the Proprietor(s)
of the parcels comprised in the Project or their chargee or assignee in the following priority: -
a) Expense of the Developer/JMB/MC
All expenses of the Developer/JMB/MC in the management of the Project shall be first paid or provi-
sions made therefor.
b) Reconstruction or repair
If the damage for which the proceeds are paid is to be restored, repaired or reconstructed, the
remaining proceeds shall be paid to defray the cost thereof elsewhere provided. Any proceeds
remaining after defraying such costs shall be transferred as revenue or shall be dealt with by the
Developer/JMB/MC in accordance with the law for the time being enforced.
10.5. The Developer/JMB/MC shall be authorized to appoint at its sole discretion any insurance
adjuster and shall be entitled to execute and deliver discharges and releases upon the payment
of such claims.
10.6. The insurance policies to be purchased by the Developer/JMB/MC shall not cover claims
against the Proprietor(s) due to accidents occurring within the Parcel nor shall it cover casual-
ties, theft or any loss to the contents of the Parcel. It shall be the obligation of the Proprietor(s)
to purchase and pay for the insurance against all such risks.
10.7. The Proprietor(s) shall be liable for the cost and expense of any restoration, repair or replace-
ment works made necessary by the Proprietor(s)’ and/or the Proprietor(s)’ family, tenant,
servant, agent, licensee, visitor, guest, invitee and/or the Occupier but only to the extent such
expense is not met by the proceeds of insurance received by the Developer/JMB/MC.
10.8. The Proprietors of the parcels comprised in the Project shall agree that in order for any of the
policies to be renewed, all payments for the premium must be received by the Developer/JM-
B/MC. If any Proprietors of the parcels comprised in the Project fail(s) to remit such payment(s)
resulting in the non-renewal of such policies, the Developer/JMB/MC shall not be obliged to
advance any payment for such premium. Further the Developer/JMB/MC shall not be liable for
any insufficiency of policies or for the failure to collect any insurance proceeds.
46
ADDITIONAL
BY-LAWS
10.9. All Occupiers shall be solely responsible for the security of the Parcel and shall take all neces-
sary steps to secure the same including their personal belongings and valuables. To preserve their
Parcel and personal belongings, Occupiers are advised to take up and maintain appropriate insur-
ance policies against theft, fire, vandalism, damage caused by leaks from other parcels, power
surges and for public liability. Occupiers are also advised to use surge suppressers/voltage regulators
for sensitive electrical/electronic equipment (e.g. audio-visual systems, computers, etc.), as the
Management takes no responsibility for such damages.
11. DEFAULT AND WAIVER
In the event that the Proprietor(s) shall be in breach of the Agreement, the By-Laws or this Additional
By-Laws, the Developer/JMB/MC shall be entitled to take such action as provided in By-Law No.6 and
in addition: -
a) disrupt the water pressure; and/or
b) display the name, address and amount of outstanding in the notice board/electronic board,
community portal and/or community mobile application; and/or,
c) recover from the Proprietor(s) any amount expended or liability incurred by the Developer/-
JMB/MC where such expenditure or liability relates to or results from the damage to any parcels
comprised in the Project, the Common Property and/or the Project arising out of the breach by
the Proprietor(s) of the Agreement, the By-Laws and/or this Additional By-Laws; and/or
d) proceed with legal action to recover any arrears owing to the Developer/JMB/MC together with
late payment charge set out in By-Law 6(2) (or such other rate as may be prescribed by the SMA
or the SMA Rules) and the Proprietor(s) shall be liable for all costs and expenses (including but
not limited to legal costs on a solicitor and client basis) which may be incurred or otherwise
suffered by the Developer/JMB/MC.
The Developer/JMB/MC may take whatever action the Developer/JMB/MC considers appropriate to
seek relief in respect of any breach by the Proprietor(s) of the Agreement, the By- Laws and this Addi-
tional By-Laws including but not limited to: -
a) injunctive relief;
b) declaratory relief; and/or
c) recovery of damages;
and shall be entitled to seek such relief concurrently against the Proprietor(s) in an action in a court
of competent jurisdiction.
11.1. The Developer/JMB/MC shall be entitled to impose interest on such unpaid amount thereof in
accordance with the By-Law 6(2) (or such other rate as may be prescribed by the SMA or the SMA
Rules) calculated daily from the due date(s) to the date of actual payment thereof.
47
The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
Aspira ParkHomes
Discover the best professional documents and content resources in AnyFlip Document Base.
Search