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Published by mail.paradigmmarketing, 2022-08-03 05:53:46

Aspira ParkHomes

Aspira ParkHomes

ADDITIONAL
BY-LAWS

11.2. In the event that the Proprietor(s) fails to maintain the Parcel in the manner required under the
Agreement, the By-Laws, this Additional By-Laws, the SMA, the SMA Rules and any other applicable
laws and regulations, the Developer/JMB/MC and/or any of the other Proprietors of the parcels
comprised in the Project so affected thereby, shall take such action as required by the Authority
and/or have the right to proceed in a court of competent jurisdiction to seek specific performance and
compliance by the Proprietor(s) of the same, or the Developer/JMB/MC shall (but is not obliged) have
the right to take and do such action and things whatsoever as are necessary and required to remedy
such breach and to compel compliance by the Proprietor(s) of the same. The Developer/JMB/MC
shall be entitled to claim and collect from the Proprietor(s) all cost and expense incurred and
sustained in connection with such enforcement.

11.3. For the purposes of determining whether or not there is any default or breach of the provisions
of the Agreement, the By-Laws, this Additional By-Laws, the SMA, the SMA Rules and any other appli-
cable laws and regulations by the Proprietor(s), the act omission and/or neglect of the Proprietor(s)’
family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the Occupier, shall be deemed
to be the act, omission and/or neglect by the Proprietor(s).

11.4. The failure of the Developer/JMB/MC to enforce any covenants, undertakings, obligations or
any other provisions contained in the Agreement, the By-Laws and/or this Additional By-Laws shall
not constitute a waiver of its rights to any remedies therefor.

12. EFFECT OF THIS ADDITIONAL BY-LAWS

12.1. All provisions of the Agreement, the By-Laws and this Additional By-Laws shall, to the extent
applicable and unless otherwise expressly or therein provided to the contrary be construed to be
covenants running with the Project and the Parcel and with every part thereof and interests thereon
and all of the provisions hereof and thereof shall be binding upon and ensure for the benefit of the
Proprietor(s) but the same shall not be intended to create nor shall they be construed as creating any
rights in or for the benefit of the general public. All present and future Proprietors, Occupier and
occupants of the Parcel shall be subject to and shall comply with the provisions of the Agreement, the
By-Laws and this Additional By-Laws at all times.

12.2. Without affecting the generality of the foregoing provisions, the Proprietor(s) shall agrees that
all the provisions of the Agreement and this Additional By-Laws, as the case may be, be added substi-
tuted, varied and/or otherwise amended by the Developer/JMB/MC from time to time in accordance
with the SMA and SMR , and covenants expressed therein shall survive the completion of the sale and
purchase of the Parcel and continue to subsist and have full force and effect and shall not merge into
the Proprietor(s)’ separate strata title or be otherwise extinguished, notwithstanding the transfer of the
separate strata title to the Parcel to the Proprietor(s). Notice of such addition, substitution, variation
and/or amendment shall be deemed so sufficiently given to the Proprietor(s) by posting a copy at the
management office. Such addition, substitution, variation and/or amendment shall be deemed to
have been affected and this Additional By-Laws shall be read and construed as if such addition,
substitution, variation and/or amendment have been incorporated in and had formed part of this
Additional By-Laws, with effect from the date stipulated in such notice. In the event that there is any
conflict between any of the provisions contained in this Additional By-Laws to be stipulated by the
Developer/JMB/MC as the additional By-Law (and as approved by the Commissioner of Buildings)
and the provisions of the Agreement, then this Additional By-Laws shall prevail unless the Developer/-
JMB/MC shall decide otherwise.

48

ADDITIONAL
BY-LAWS

12.3. The Proprietor(s) shall covenants with the Developer/JMB/MC that in the event of any intended
transfer or assignment of the Parcel from the Proprietor(s) to a subsequent Proprietor, the Proprietor(s)
shall notify the Developer/JMB/MC in writing of the intended transfer or assignment and if required
by the Developer/JMB/MC, further cause and procure the intended transferee or assignee to execute
with the Developer/JMB/MC a fresh Agreement and undertake that the latter shall also be bound by
the provision of the Agreement, the By-Laws and this Additional By-Laws. The Proprietor(s) shall
irrevocably undertake(s) with the Developer/JMB/MC that the Proprietor(s) shall obtain from the
intended transferee or assignee an undertaking that the latter be bound by the provisions of the
Agreement, the By-Laws and this Additional By-Laws prior to the completion of the intended transfer
or assignment. If the intended transferee or assignee shall fail to give the relevant undertakings to the
Developer/JMB/MC, the Proprietor(s) shall remain liable to indemnify the Developer/JMB/MC on
demand against any breach by the intended transferee or assignee (and intended transferee’s or
assignee’s subsequent successors) of this Additional By-Laws herein contained.

13. INDEMNITY AND EXCLUSION OF LIABILITY

13.1. The Proprietor(s) shall covenant(s) jointly and severally with the Developer/JMB/MC and each
of the Proprietors of the parcels comprised in the Project, the Occupiers and occupiers of the same for
the time being, to indemnify and keep indemnified each and every one of them against all actions,
demands, claims, proceedings, damages costs, charges and expenses arising out of or made in
consequence of any injury, loss or damage suffered or sustained by the Proprietor(s) and/or Propri-
etor(s)’ family, tenant, servant, agent, licensee, visitor, guest, invitee and/or the Occupier while in or
upon the Parcel, the Common Property or the Project (whether arising from the negligence or default
of the Developer/JMB/MC and/or its assignee, servants, agents or licensees or otherwise howsoever).

13.2. The Proprietor(s) shall covenant(s) jointly and severally with the Developer/JMB/MC and each
of the Proprietors of the parcels comprised in the Project, the Occupiers and occupiers of the same for
the time being, to comply with the provisions of any Enactment, Act or Ordinance and to any regula-
tions or By-Laws for the time being in force affecting the Parcel, the Common Property and/or the
Project and shall not do or omit or suffer to be done any act, matter or thing in contravention of the
said provisions and shall at all times hereafter indemnify and keep indemnified the Developer/JM-
B/MC and/or its assignee, servants, agents or licensees, the other Proprietor(s) of the parcels
comprised in the Project, the Occupiers and occupiers, any legal costs on a solicitor and client basis
incurred in defending any actions, demands, claims or proceedings arising out of such breach.

13.3. The Proprietor(s) shall covenant(s) jointly and severally with the Developer/JMB/MC and each
of the Proprietors of the parcels comprised in the Project, the Occupiers and occupiers of the same for
the time being, to indemnify and keep indemnified the Developer/JMB/MC and/or its assignee,
servants, agents or licensees, and/or such Proprietor(s), lessees and occupiers against all actions,
claims, demands, proceedings, damages, costs, charge and expenses arising out of any breach by
the Proprietor(s) of the provisions of the Agreement, the By-Laws and/or this Additional By-Laws.

13.4. The Proprietor(s) shall agrees jointly and severally with all the Proprietors of the parcels
comprised in the Project to indemnify and keep the Developer/JMB/MC and/or its assignee, servants,
agents or licensees indemnified against all costs, expenses, losses and damages incurred by the
Developer/JMB/MC and/or its assignee, servants, agents or licensees as a result of entering into the
Agreement, the By-Laws and this Additional By-Laws and undertaking the duties, responsibilities and
services contained herein.

49

ADDITIONAL
BY-LAWS

13.5. Notwithstanding anything contained herein, the Proprietor(s) shall agrees and accepts that the
Developer/JMB/MC and/or its assignee, servants, agents or licensees shall not be liable in any way
whatsoever to the Proprietor(s) and/or the Proprietor(s)’ lessee, tenant, servant, agent, licensee,
visitor, guest and/or invitee for any:-

a) Failure to fulfil any terms of the Agreement, the By-Laws and this Additional By-Laws if such
fulfilment is delayed hindered or prevented by any event of force majeure including but not
limited to acts of God, strikes, lockouts, riots, civil commotion, acts of war, general chaos,
inclement weather, landslides, land slips, fire, flood, earthquake, erosion or failure to obtain any
necessary sanction or approval of any local or other Authority or any other circumstances of
whatsoever nature beyond the control of the Developer/JMB/MC and/or its assignee, servants,
agents or licensees; and/or

b) accidents happening or injuries loss (including loss of life) liability or damages which may be
suffered to their person or property whether by reason or as a consequence of or arising from
or in connection with any criminal act (including but not limited to theft, burglary, robbery) or
other act whatsoever and howsoever occurring or committed in, on, about or outside the Parcel
or in, or about the Project, whether as a result of or arising from or by reason of any negligence
or other act or omission by the Developer/JMB/MC and/or its assignee, servants, agents or
licensees or any part thereof or otherwise whatsoever; and/or

c) failure howsoever arising in respect of the provision of the Services for which the Charges or
contributions to the Sinking Fund are levied; and/or

d) defect, leakage or overflow or breakdown of any of the Common Property; and/or

e) damage howsoever arising to any goods, furniture, fittings or other property in or upon the
Parcel; and/or

f) action or inaction by the Developer/JMB/MC and/or its assignee, servants, agents or licensees
in enforcing the Agreement, the By-Laws and this Additional By-Laws.

13.6. In the event that the Developer/JMB/MC and/or its assignee, servants, agents or licensees is
held liable under the Agreement, the By-Laws and/or this Additional By-Laws by a court of competent
jurisdiction, the Proprietor(s) shall accept and agree that the Developer’s and/or its assignee,
servants, agents or licensees’ liability shall not exceed the sum which is equivalent to six (6) months of
the monthly Charges as paid by the Proprietor(s).

13.7. The Occupiers shall indemnify and keep indemnified the Management against all actions,
proceedings, claims, costs, expenses and demands in respect of injury to the person or property of
the employees, agents, licensees or invitees of the Management, the Occupiers, the other Occupiers,
and/or all other persons while in Laman Aspira.

13.8. The Occupiers shall indemnify and keep the Management indemnified against all legal costs
including costs on a solicitor-client basis in enforcing any breach of the By-LawsBy-Laws & Additional
By-Laws herein.

50

ADDITIONAL
BY-LAWS

14. RESTRICTION ON RESALE OR ASSIGNMENT

14.1. Until issuance of the separate strata title(s) to the Parcel and the transfer of the same to the
name of the Proprietor(s), the Proprietor(s) shall comply with the law or with any agreement signed by
the Proprietor(s) in respect of any sale, transfer, assignment, disposal or dealing with the Parcel or any
interests therein.

14.2. Proprietors shall not carry out any transaction without first obtaining a written approval from the
Developer/JMB/MC stated no restriction on the transaction and have clear all outstanding of
Charges, Contribution to Sinking Fund and other fees imposed from time to time that shall be consid-
ered as part of the contribution.

14.3. No proprietors shall be allowed to carry out any transfer of ownership of their property unless
any outstanding amount to the maintenance account and sinking fund account has been cleared
prior to the transfer.

14.4. In the event of outstanding on the maintenance and sinking fund account, the management
reserve the right to refuse issuance any of the documentation in support to the transfer of the owner-
ship.

15. PROVISION OF SERVICES BY THE DEVELOPER/JMB/MC

15.1. In consideration of the Charges payable by the Proprietor(s) to the Developer/JMB/MC, the
Developer/JMB/MC shall provide the Services to the Parcel and all other parcels comprised in the
Project in accordance with the SMA.

15.2. In respect of the parcels comprised in the Project, in the event that security services are provided
or arranged by the Developer/JMB/MC, the Proprietor(s) acknowledge(s) that in providing or arrang-
ing for the security services (of such type and requirement as the Developer/JMB/MC may in its abso-
lute discretion determine), the Developer/JMB/MC is merely ensuring the presence of general security
for the Project and only serves as a deterrent and that it is not to be regarded as an absolute assur-
ance guarantee or representation by the Developer/JMB/MC of the security.

15.3. The Developer/JMB/MC in providing the services as mandated under the act may provide a
rubbish collection services to the development area until such services have been taking over by the
local authorities.

15.4. The Developer/JMB/MC shall have the absolute right and liberty to absolutely assign its obliga-
tions to provide the Services or any part thereof to any other party or person as the Developer/JM-
B/MC may in its absolute discretion decide and upon such assignment as aforesaid, the Proprietor(s)
shall thereafter deal with the assignee in respect of all matters pertaining to the Services so assigned.

15.5. The Proprietor(s) shall bear, pay and discharge all charges payable for the supply, consumption
of water, electricity, telephone, sewage and other utilities to and by the Parcel.

51

ADDITIONAL
BY-LAWS

15.6. The operation hours of the management office and the rules and regulations governing the use
of the common facilities and the Services as shall be provided by the Developer/JMB/MC within the
Project prior to the establishment of the Joint Management Body or the first annual general meeting
of the Management Corporation, as the case may be, shall be provided and displayed on the notice
board of the management office and shall be made available at the management office during the
operation hours of the management office. The Developer/JMB/MC may amend, vary, alter or
change any or all the rules and regulations whenever necessary as the Developer/JMB/MC shall think
fit and necessary in the best interest and benefit of all Proprietor(s) of the Project from time to time.

16. THE GUIDELINES GOVERNING THE USE OF COMMON FACILITIES

16.1. Guidelines governing the use of Multipurpose Area

a) Bookings must be made in person at least seven (7) days in advance. All reservations will be on
a first-come first-served basis on the prescribed form which may be obtained at the Manage-
ment Office. A refundable deposit shall be payable at the time of making reservations.

b) Cancellation of bookings shall be made at least three (3) days before the date booked.

c) Residents who made proper cancellation may be permitted to reschedule the cancelled booking
without making additional payment within a period of one (1) month. Unless otherwise deter-
mine by the Management from time in its sole and absolute discretion, the hall and its facilities
are opened daily to the Residents and their guests only from 7.00AM to 10.00PM.

d) No Person shall be allowed to use the hall when its closed. Unless otherwise determined by the
Management from time in its sole and absolute discretion.

e) No personal item shall be store or kept within the area. The management reserve the right to
dispose any personal item found within the area.

f) No activity will be allowed during the scheduled maintenance work or repairing work.

g) The Management will not be responsible for any loss and / or damage to personal property left
in in any part of the building.

h) Smoking in the hall or its surrounding area is strictly prohibited.

i) Portable radio / electronic devices are permitted provided the Management approves and the
volume is controlled and does not annoy other users.

j) No littering is allowed, and all litter must be deposited in designated refuse bins. Management
reserve the right to forfeit the deposit amount shall the users found guilty.

k) No person who is under the influence of liquor, drugs or any other form of intoxicating matter
or substance shall use the hall and its facilities.

l) The Management or its security personals shall have the authority to expel any person from the
area who disobeys the rules or endangers the safety of himself / herself or other persons. All
users must abide by the rule’s regulations governing the use of the facilities which may be
amended, varied deleted and added from time to time at the Management sole and absolute
discretion.
52

ADDITIONAL
BY-LAWS

16.2. Guidelines governing the use of Children Playground

a) Unless otherwise determine by the Management in its sole and absolute discretion, the children
playground is opened daily to the Residents and/or their guests only from 9.00AM to 7.00PM

b) The children play equipment are designed for children under 12 years old only.

c) Parents are advised to monitor their children while using the play equipment to ensure the safety
of their children at all times.

d) No livestock, poultry, dogs, cats or other household pets shall be allowed within the children
playground area.

e) Cycling, roller skating or any other equipment that may damage the flooring of the children
playground are prohibited

f) Eating, drinking, (other than plain water) and smoking are strictly prohibited.

g) No littering

h) Residents and/or their guests shall ensure that no damage is caused to the fittings, fixtures and
equipment of the playground facilities.

i) Residents and/or their guests will be responsible for any loss or damage caused by their children
or themselves. They must inform the security personnel or representative of the Management of
any existing damage to the children playground that their children are about to use, failing
which they may be held responsible for such damage.

j) The Management will not be held responsible for any injuries, damages or loss sustained by
Proprietor(s) / Occupier / the Relevant Parties and their children or guests during the use of the
facility.

16.3. Guidelines governing the use of Half Basketball Court

a) Unless otherwise determine by the Management in its sole and absolute discretion, the Half
Basketball Court is opened daily to the Residents and/or their guests only from 9.00AM to
7.00PM

b) Shall booking is required, all bookings must be made in person at least two (2) days in advance.
All reservations will be on a first-come first-served basis on the prescribed form which may be
obtained at the Management Office. A refundable deposit shall be payable at the time of
making reservations.

c) Cancellation of bookings shall be made at least one (1) day before the date booked.

d) Residents who made proper cancellation may be permitted to reschedule the cancelled booking
without making additional payment within a period of one (1) month. Unless otherwise deter-
mine by the Management from time in its sole and absolute discretion.

53

ADDITIONAL
BY-LAWS

without making additional payment within a period of one (1) month. Unless otherwise deter-
mine by the Management from time in its sole and absolute discretion.

e) No Person shall be allowed to use the court when its closed. Unless otherwise determined by the
Management from time in its sole and absolute discretion.

f) Proper attire must be worn by all users.

g) No personal item shall be store or kept within the area. The management reserve the right to
dispose any personal item found within the area.

h) No activity will be allowed during the scheduled maintenance work or repairing work.

i) The Management will not be responsible for any loss and / or damage to personal property left
in the changing rooms or in any part of the building.

j) Smoking within the court or its surrounding area is strictly prohibited.

k) No livestock, poultry, dogs, cats or other household pets shall be allowed within the court area.

l) Portable radio / electronic devices are permitted at the court area provided the Management
approves and the volume is controlled and does not annoy other users.

m) No littering is allowed, and all litter must be deposited in designated refuse bins. Management
reserve the right to forfeit the deposit amount shall the users found guilty.

n) No person who is under the influence of liquor, drugs or any other form of intoxicating matter
or substance shall use the basketball court and its facilities.

o) The Management or its security personals shall have the authority to expel any person from the
area who disobeys the rules or endangers the safety of himself / herself or other persons. All
users must abide by the rule’s regulations governing the use of the facilities which may be
amended, varied deleted and added from time to time at the Management sole and absolute
discretion.

16.4. Guidelines governing the use of Outdoor Gymnasium

a) Unless otherwise determine by the Management in its sole and absolute discretion, the outdoor
gymnasium is opened daily to the Residents and/or their guests only from 9.00AM to 7.00PM

b) Children below the age of the 12 years of age are not allowed to use the outdoor gymnasium
equipment’s without supervision from its parents.

c) For personal hygiene, Residents or Occupants their guests are required to use a towel while
working out with the gymnasium equipment.

d) Proper exercise attire must be worn at all times. Appropriate exercise shoes (non- marking) must
be worn to avoid damage to the gymnasium.

e) Eating, smoking, and alcohol consumption are strictly prohibited at facilities area.

54

ADDITIONAL
BY-LAWS

f) No livestock, poultry, dogs, cats, or other household pets shall be allowed within the Outdoor
Gymnasium area.

g) No littering is allowed.

h) Residents and/or their guests shall ensure that no damage is caused to the fittings, fixtures, and
equipment’s.

i) Portable radio / electronic devices are permitted at the court area provided the Management
approves and the volume is controlled and does not annoy other users.

j) No person who is under the influence of liquor, drugs or any other form of intoxicating matter or
substance shall use the Outdoor Gymnasium and its facilities.

k) Residents will be held responsible for any loss or damage caused to the equipment’s and
contents therein by their guests or themselves. They must inform the security personnel or repre-
sentative of the Management of any existing damage to the equipment’s that they or their guests
are about to use, failing which they may be held responsible for such damage.

l) Training or coaching classes by professionals shall not be conducted without prior written
approval from the Management.

m) Individuals using the equipment’s are advised to familiarize themselves with be use of the
equipment. The Management will not be held responsible for any injuries, damages or loss
sustained by Proprietor(s) / Occupier / the Relevant Parties and their children or guests during
the use of the facility.

16.5. Rain Shelter and Pavilion

a) Unless otherwise determine by the Management in its sole and absolute discretion, the facilities
are opened daily to the Residents and/or their guests only from 9.00AM to 10.00PM

b) No livestock, poultry, dogs, cats, or other household pets shall be allowed within the children
playground area.

c) Cycling, roller skating or any other equipment that may damage the flooring of these facilities
area are prohibited

d) Alcohol consumption and smoking are strictly prohibited at facilities area except at the designat-
ed area.

e) No littering

f) Residents and/or their guests shall ensure that no damage is caused to the fittings, fixtures of the
facilities.

g) Residents and/or their guests will be responsible for any loss or damage caused by their children
or themselves. They must inform the security personnel or representative of the Management of
any existing damage to the facilities that their about to use, failing which they may be held
responsible for such damage.

55

ADDITIONAL
BY-LAWS

h) The Management will not be held responsible for any injuries, damages or loss sustained by
Proprietor(s) / Occupier / the Relevant Parties and their children or guests during the use of the
facilities.

17. HOUSEHOLD PETS
17.1. This Additional By-Laws shall be read together with the Rules 14 of the By-Laws.
17.2. Keeping a pet(s) shall subject to the Local Government Act 1976 and its regulations;
17.3. Household pets are strictly to be kept in the Parcel only.
17.4. Residents / Occupier with household pets shall observe the following rules: -

a) Pets shall not be allowed in the recreational areas under any circumstances.
b) Resident shall immediately clear the animal faces / urine / vomit caused by their pets in the

common areas and tidy the place. A maximum fine of RM200.00 will be imposed if the pet
owner does not clear up immediately; and
c) Resident shall be responsible for the cost of cleaning and / or repairing common area littered or
damaged by their pets.
d) Residents is responsible to prevent any nuisance from the pets. The management reserve the
right to report to the local authority.
e) The Management reserves the right to transfer and/or remove such pet(s) shall the pet(s) are
wandering outside of the parcel and/or upon receipt of any complaints from the other Residents
at the sole expense of the owner of such pet(s).
18. TIME
Time wherever mentioned shall be of the essence of this Additional By-Laws.
19. OCCUPANCY
19.1. Usage of Parcel
A Parcel shall only be used for the purpose referred to in the sale and purchase agreement with the
Developer and in accordance with the expressed purpose stipulated in the approved building plans
for Laman Aspira. In particular, a Parcel shall not be used for any of the following purposes-
a) any business which emits, accumulates, and/or disseminates or may emit accumulate and/or
disseminate any unpleasant odour or which generates or accumulates dirt or generates exces-
sive noise or causes nuisance to the general public and the Parcel Owners/Occupiers of the
other parcels, premises and property in Laman Aspira

56

ADDITIONAL
BY-LAWS

b) any business dealing with substances and things of an explosive or dangerous or inflammable
character and/or their by-products

c) any business which involves unlawful gaming in any form and/or entertainment arcades;

d) any use of the Parcel or any part of Laman Aspira as a place for public and private auction;

e) any business which is illegal, unlawful, or immoral or which may become a nuisance or give
reasonable cause of complaints from any of the occupiers of the parcels, premises or property
in Laman Aspira;

f) any business connected with funeral parlours or death houses or any kind of business related
thereto including but not limited to all funeral paraphernalia such as paper, stone masonry, and
wood works;

g) any business which involves food processing (save for retail parcels operating as food and
beverage outlet), wood and metal working machinery or any kind of business related thereto;

h) any business which requires extraordinary consumption of utilities including electricity, water, etc
beyond the capacities designed for the Parcel;

i) any business involving wholesale business and the use of the Parcel for storage purposes;

j) any business involving bed and breakfast, lodging, room sharing, hostel and any other business
which have the similar in nature, and

k) any business requiring storage of goods or products on a large scale including without limitation
warehousing; and

l) any other business deemed by the Management to be offensive or detrimental to the nature or
character of Laman Aspira.

19.2. ACTS OR THINGS PREJUDICAL

The Purchaser shall not do any acts or things prejudicial to the interests of the Vendor or the Manage-
ment, as the case may be. In the event that the Vendor or the Management, as the case may be, is of
the opinion that any acts or things are prejudicial to its interest, the Vendor or the Management, as
the case may be, may give notice in writing to the Purchaser requiring the Purchaser to rectify and
abate the said prejudicial acts or things within fourteen (14) days of the receipt of such notice from
the Vendor or the Management, as the case may be.

19.3. STORAGE

a) Not to install or store any goods, plant and equipment, machinery and/or fixtures and fittings in
the Parcel and/or in any part of Laman Aspira exceeding the authorized maximum distributed
load of 4.0 Kilonewton per square metre in respect of parcels, to seek the written consent of the
Management prior to the installation of safes or vaults or machinery in the Parcel

57

ADDITIONAL
BY-LAWS

b) In no event shall any such machinery, plant or equipment or goods be of such nature or size as
to cause or in the opinion of the Management be likely to cause any structural or other damage
to the floor or walls or any other parts of the Parcel or the Common Property

c) Not to load or stock goods or articles against the side walls of Laman Aspira and/or the Parcel
in such a manner as to cause lateral pressure against the walls which in the opinion of the
Management will cause any deformation of the walls or any part thereof

19.4. PARCEL OWNER(S) AGENTS AND ABSENT PARCEL OWNERS

a) Parcel Owners may appoint a representative to act and manage his parcel on behalf of his/her-
self. Only family members with authorization letter or any Real Estate Agent registered under
Board of Valuers, Appraisers, Estate Agents and Property Manager (BOVEAP) are allowed to
represent the Parcel Owners.

b) Parcel Owners who have appointed an agent to represent their interest in their absence, shall
file the authorization letter or appointment letter with containing names, identity car or passport
number, company details, addresses and telephone numbers of their agents with the Manage-
ment Office prior to allowing them access to the Parcel.

c) Absent Parcel Owners shall at their own expense, have an authorized agent or representative
registered with the Management, to conduct periodic inspections of their Parcels and assume
responsibility for the contents therein, if any

19.5. MAINTENANCE OF PARCEL

a) No water, gas or electrical fixtures, equipment or appliances or any apparatus for illuminating,
air conditioning cooling or ventilating Parcel shall be installed on any part of the Parcel without
the prior written consent of the Management.

b) Occupiers shall permit the Management or its agents or workmen at all reasonable times to
enter into the parcel to carry out repairs to the Parcel or to other portions of Laman Aspira not
conveniently accessible otherwise from or through the Parcel. The Management shall provide
reasonable notice to the Occupier. For the avoidance of doubt, any “reasonable notice” is
subject to Management’s discretion.

c) Parcel owner shall keep on maintained the compound area. The parcel owner shall not leave
the parcel overgrown with grass and weed and caused an unsightly view and discomfort to the
adjacent residents.

d) All building structures that are located on or beyond the parcel’s boundaries but are attached to
the main building shall be under the maintenance of the parcel owner. This includes the apron
slabs, air-conditioner ledges, roofing, gutters, walls including paintworks and any other building
accessories attached to the main building.

58

ADDITIONAL
BY-LAWS

19.6. GENERAL PROVISIONS

a) No placards, poster, sign boards or name plates or advertisements or “for lease” or “for sale”
signs or signs of whatever nature that can be seen from outside of the Parcel or lighting or any
shutters whether for security or otherwise exhibited or permitted to be installed, affixed, painted
or otherwise exhibited on or to or anywhere in and around Laman Aspira or in any way make
alteration to the structure or any fixture forming the façade or front or back or the entrance of
and to the Parcel façade or the front or back or entrance of and to the Parcel without the approv-
al in writing of the Management and the Occupier shall at all times maintain the façade or the
front, back and entrance of and the Parcel up to a standard comparable to the standard as is
being maintained by the Management and the other Parcel Owners or Occupiers of the other
parcels in Laman Aspira. The Management may impose the specifications of such poster,
signboards or nameplates or advertisements as shall be advised to the Occupiers from time to
time

b) Occupiers are not to install or set up any lighting, signage, nameplates and/or signboards or
any other structure in such a manner so as to block the lighting, signage, nameplates and/or
signboards of other Parcel Owners and to install at the areas designated by the Management
and subject to such terms and conditions determined by the Management. All power source
shall be drawn from the individual respective parcel only.

c) All internal walls, floors and ceilings separating the Parcel from the adjourning premise(s) shall
be deemed to be a party structure or party structures as the case may be and shall be main-
tained and kept in repair from time to time at the joint cost and expense of the Occupiers for the
time being of the Parcel separated thereby.

d) Occupiers are not allowed to use any employee of the Management for any business or private
errands

e) No tips, gifts or gratuities are to be offered to any employees of the Management for rendering
services or courtesies in the regular performance of their duties

f) If an occupier requires electricity supply in excess of the supply arrangement as provided for in
the distribution fuse board installed by the Developer or if the Occupier shall require revision to
the distribution fuse board as installed by the Developer, the Occupier shall obtain the prior
approval in writing of the Appropriate Authority and the Management for such increase or
revision. Such approval may be withheld by the Appropriate Authority and/or the Management
without any reason being assigned thereto or may be given upon such terms and subject to such
conditions as the Appropriate Authority and/or the Management deems fit. Failure to comply
with this rule and bylaw would render the Occupier liable for all damages or loss caused or
contributed by the Occupier’s unauthorized increase of the Occupiers electricity supply or unau-
thorized revision to the distribution fuse board installed by the Developer including all costs
required to reinstate the electrical system back to its original condition

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g) The Occupiers shall engage qualified electrician/wireman to install any electrical socket power
points electrical appliances or fan-coil units and to ensure that such installation will not overload
or cause damage to the power supply or to any of the existing electrical installation in any part
of the Parcel and/or Laman Aspira

h) Where the business of the Purchaser requires continues supply of electricity, the Purchaser shall
take preventive measures by installing appropriate back-up systems

i) The Occupiers shall pay a water deposit to the Management for those parcels supplied with water
meters only and the Management reserves the right to issue notice. Upon receiving a notice from
the Management, the resident shall within 14 days, pay the charges. If parcel owner defaults,
the Management may serve a written notice demanding payment of the sum within the period
as may specified in the notice. These notices shall be in Form 11 or Form 20 of the Strata
Management (Maintenance and Management) Regulations 2015.

j) Installation of individual booster pumps is prohibited in order not to interfere with the water
pressure to the Parcel and/or the building unless Management’s approval had first been
obtained.

20. COMMON PROPERTY

20.1. USE OF COMMON PROPERTY

a) No parts of the Common Property shall be used for the receipt, delivery or other movement of
any goods, wares or merchandise or articles of bulk or quantity without the prior approval of the
Management

b) Occupiers must not cover, obstruct, manipulate, and interfere with, control, or attempt to control
any electrical, mechanical, fire or other equipment in Laman Aspira or any part thereof

c) Occupiers shall not erect any wall, partition, gate, fencing, barricade, scaffolding, railing or any
other similar structures in or about the Common Areas of Laman Aspira or within adjoining
parcels without the prior written consent of the Management and the Appropriate Authority

d) Smoking is expressly prohibited in all places within Laman Aspira common area except at the
designated smoking area. The management or its security personal reserve the right to stop and
expel the violators from the common area or prevent, cancel, removed, or barred the violators
from using the facilities.

20.2. PRESERVATION OF IMAGE OF LAMAN ASPIRA

a) The Occupier shall at all times maintain at the Occupier’s own costs the façade or the front,
back, side and entrance of the Parcel up inclusive of any effort to change the colour of the
window, door or glass panel to the standard as is being maintained by the Management and
the other Parcel Owners or Occupiers of the other parcels in Laman Aspira and as may be
directed by the Management from time to time.

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b) Brooms, mops, cartons, notices, advertisements, posters illuminations or other means of visual
communication shall not be placed on windows, doors, balcony, patio, or passages so as to be
in view from the outside of the Parcels

c) Occupiers will keep clean and free from dirt and rubbish such part of the Common Property or
any public footpath or way as immediately adjoining the Parcel and care should be taken when
cleaning areas adjoining the external walls so as to prevent water from running down the exteri-
or of the building or into the Parcel

d) Occupiers shall not hold any functions, parties, promotions, or any other social activities on any
part of the Common Property or which may involve any part of the Common Property without
the prior written consent from the Management

20.3. NO SOLICITATION

a) No business shall be solicited in the parking areas or Common Property and neither pamphlets
nor advertising matters be distributed or displayed in motor cars or other vehicles generally
except in such manner and under such conditions as may be approved from time to time by the
Management

b) No soliciting of religious or political activities shall be permitted in any part of Laman Aspira

c) The Management reserves all rights to screen and register real estate agents and to prevent third
parties from distributing junk mail to Occupiers e.g., flyers and brochures or peddlers from
plying their trade

20.4. NO LOITERING

a) The Occupiers and/or the Patron(s) shall not and shall not permit their employees, guests,
contractors, etc., to loiter around in the sitting area and/or other places within the Common
Areas of Laman Aspira

b) The Occupiers shall immediately lodge a report to the Management if they encounter any suspi-
cious character loitering near their Parcels or within Laman Aspira

21. ACCESS CONTROL SYSTEMS

21.1. The Access Control Systems are intended to provide monitoring of entry of Occupiers and
vehicles and of Patrons(s) or any other personnel at the entrances to Laman Aspira, facilities, and
buildings, where appropriate. The provision of such services, which is often referred to as “security
service”, shall not in any circumstances be constructed as a representation by the Management that
Laman Aspira will be free of crime

21.2. All fire escape routes including passageways to the assembly area should not be obstructed if
statutorily required to be accessible under the provisions of the relevant By-Laws & Additional By-Laws

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21.3. The Occupiers shall not remove and/or re-locate any identified fire doors and walls and any
removal or relocation shall be SUBJECT ALWAYS to the By-Laws & Additional By-Laws in force and
implemented or amended from time to time by the Management or Appropriate Authority, as the case
may be, and the costs of such works shall be borne by the Occupiers

21.4. Each Parcel will be allocated by the Management two (2) access card free of charge. The access
card is meant for the Parcel Owner’s or Tenant’s sole usage, are not transferable and must be
retained in the care and control of the Parcel Owner or Tenant at all times.

21.5. Each Parcel are allowed to have a maximum six (6) no of access card depending on the need
and requirement requested from time to time. Management reserve the right to reject such request
shall the requester failed to provide a concrete reason for such request. A fee for the additional card
shall be imposed on each card applied.

21.6. All lost access card must be reported to the Management immediately to enable the Manage-
ment to deactivate the same

21.7. Occupiers may apply to the Management for additional unit of access card subject to charges

21.8. Closed circuit television system (“CCTV”)

a. Where there is a CCTV system provided by the Management, all recordings captured or to be
captured on that CCTV system shall at all times remain the sole and absolute property of the
mana-gement. The CCTV system is not a representation that the areas under surveillance are
fool-proofed against or will prevent crime, vandalism or any acts of mischief occurring from time
to time. The Management will not be held responsible in any manner whatsoever in the event
the CCTV system malfunctions or breaks down.

b. The Management shall not be obliged to allow viewing of the CCTV recordings to anyone
whether Parcel Owners, Occupiers or other persons unless a request to view the CCTV recording
is made officially through the police or other Appropriate Authorities to assist in a criminal inves-
tigation. When such request is received by the Management, the recordings will be provided to
the police or the Appropriate Authorities concerned directly.

22. EMERGENCY PROVISIONS

22.1. All Occupiers must co-operate with the management in the establishment and implementation
of building emergency measures and procedures, including participation in emergency training
procedures and practice evacuations. In connection with such measures and procedures and during
any emergency situation, an Occupier, it’s employees, agent invitees and/or patrons are required to
promptly comply with directions given by the Chief Fire Warden, Building Emergency Officer or any
other officer appointed by the Management to assist Occupiers of Laman Aspira in emergency situa-
tions

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BY-LAWS

22.2. All Occupiers shall be responsible for providing the Management with their contact address(es)
and telephone number(s) or in the case of corporations, the name, contact address(es) and telephone
number(s) of their authorized personnel in case of any emergency. Any change to the contact person,
address and telephone number must be relayed to the Management immediately.
23. MISCELLANEOUS
23.1. The Management, its agent and its employee shall not be liable in any manner whatsoever for
loss of or damage to any person, property, or injury to or death of any person in Laman Aspira unless
such loss or damage to the person, property or injury to or death was caused by the negligence of the
Management, its servants and/or agents
23.2. The rules and regulations set out herein shall be in addition to but not in diminution of the terms
and conditions, stipulations or restrictions set out in the Sale and Purchase Agreement and the sched-
ules referred to therein.
23.3. These By-Laws & Additional By-Laws (including the Rules and Regulations) may not exhaustively
stipulate all rules and regulations with regards to the Common Property/Areas and the Common
Facilities within Laman Aspira. The Management reserves the right at its sole discretion by notice in
writing to the Parcel Owners and/or the Occupiers to amend, vary or change any or all of the above
By-Laws & Additional By-Laws (including the Rules and Regulations) from time to time as it deems
necessary and these Rule and Bylaws shall be deemed to have been amended, varied or changed
accordingly and shall be read and construed as if such amendments, variations and change had
been incorporated herein. Such amendments, variations, and change shall be deemed to be effective
and shall have full legal force from the time stipulated in such notice.

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BY-LAWS

APPENDIX A

WORKING HOURS FOR RENOVATION AND OTHER WORKS

The schedule for renovation, delivery and removal works shall be restricted to the days and hours
stipulated below or such other hours as may be determined by the Management from time to time:

i. Renovation Works & Moving in/out & Delivery of heavy and bulky item.

Mondays – Fridays : 9:30am – 5:00pm

Saturdays* : 9:30am – 5:00pm

Sundays & Public Holidays* : Not allowed

*consult with management office

ii. Hacking, Drilling and Heavy Machinery Works

Only restricted to the days and hours to be determined by the Management at its discretion.

Mondays – Fridays : 10:30am – 4:00pm
Saturdays* : 11:30am – 4:00pm
Sundays & Public Holidays : Not allowed

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APPENDIX B

GENERAL RULES FOR COMMON FACILITIES

1 To maintain the exclusiveness of the Laman Aspira, all Exclusive Use
the Common Facilities are intended for use by Residents
only with a valid resident card.

2 All Guest may enjoy the usage of the Common Facilities Permitted number
being accompanied by a Resident only during non-peak of Guests
days and hours which will be prescribed by the Manage-
ment and shall be subject to the restriction of not more
than three (3) Guests per unit at any given time.

3 The use of the Common Facilities (where permitted) by Usage by Guests
the Guests, shall be allowed only from Monday to Friday
(excluding public holidays) during off-peak hours which
is from 9.00 a.m. – 10.00 p.m. unless otherwise speci-
fied or notified by the Management.

4 Employees or contractors of the Residents are not permit- Usage by
ted to use the Common Facilities unless they are signed employees of the
Residents
in as a Guest on each occasion.

5 Residents must accompany their Guests when using the Residents to
Common Facilities. accompany Guests

6 The Management reserves the right to impose charges Charges for use of
for the use of the Common Facilities by Residents and/or Common Facilities
Guests.

7 The Resident concerned will be held responsible for any Responsibility for
damage to the Common Facilities and/or any equipment damage to facilities
thereof caused by their Guests or themselves. Any
damage caused by previous user(s) of the Common
Facilities should be reported to the Management imme-
diately before commencement of use.

8 The Management reserves the right to verify the identity Identification
of any person using the Common Facilities.

9 Any person found to be in breach of the By-Laws or any Breach of Rules &
of these Rules and Regulations may be restricted and Regulations
thereafter asked to leave the Common Facilities area.

10 Designated Lesson Vendors

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BY-LAWS

i. In order to control solicitations within Laman
Aspira, lessons shall only be conducted by lesson
vendors appointed or approved by the Manage-
ment (“Designated Lesson Vendors”). The
Management reserves the right to deny entry to or
expel from Laman Aspira any unauthorised lesson
vendor(s). However, Residents may bring in their Right to expel
personal coaches for one-to-one coaching so long
as such coaches are registered with the Manage-
ment and do not couch or promote their coaching
expertise to other Residents. The Management
reserves the right to impose a fee for the use of any
of the Common Facilities for lessons.

ii. Where any coaching lessons conducted within the
Common Facilities of Laman Aspira or other types
of activities (e.g. aerobics, dance classes, etc.) are
organised by Designated Lesson Vendors, the
Management reserves the right to allow two (2)
weeks’ advance booking of one (1) or more of Advanced booking
such Common Facility. Such bookings must be
made in the name of a Resident who must be a
student of the Designated Lesson Vendor(s) or by
the Designated Lesson Vendor(s) for social or
competitive events organised by the Management.

1.11 Minors

A “Minor” shall refer to any individual who is below the Minors
age of eighteen (18) as defined under the Age of Majori-
ty Act 1971.

All Minors are not allowed to use any part of the Adult Supervision
Common Facilities unless accompanied and supervised
by an adult who is always at least eighteen (18) years old
and/or the Minor’s parent / legal guardian and they
alone shall be solely responsible for the conduct and
safety of such Minors.

The Management will not be responsible for any injury Management Not
whatsoever caused to the Minor while in use of any part Liable
of the Common Facilities, if such Minor is left unaccom-
panied and unsupervised.

The Management shall have the authority to prevent Restriction of Use
and/or restrict any Minor who is unaccompanied and/or
unsupervised by an adult or the Minor’s parent/legal
guardian from using the Common Facilities.

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While the Management will take every precaution to Usage of Common
ensure that the Common Facilities are properly main- Facilities at own risk
tained, all Residents and Guests shall use the Common
Facilities at their own risk. The Management is not
responsible for any injuries or damage sustained by the
users or for any loss and / or damage to their personal
property.

1.12 These rules and regulations for the use of the facilities Subject to change
are subject to change without prior notice.

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APPENDIX C
GENERAL SERVICE FEES & DEPOSIT CHARGE

No Description Fee
1 Residential Properties

Renovation deposit: RM 1,000/-

Hacking, Heavy drilling, Tiling works, Installation of Safety
Grill, Door, Awning, Tinted, Water Filter and any other
works that change the original design of the buildings.

Retails Lot Properties

Renovation deposit: RM 2,000/-

Hacking, Heavy drilling, Tiling works, Installation of Safety
Grill, Door, Awning, Tinted, Water Filter and any other
works that change the original design of the buildings.

Note:

• All deposits are refundable

• Reinstatement Deposit is subject to Management’s
Approval or for projects under Management Corpora-
tion/JMB, subject to Council/JMC’s approval

2 Residential Properties

1. Processing fees for renovation permit application RM 30/application

2. Extension of renovation permit RM 30/application

3. Processing fees for out of time special delivery and RM 100/application
moving in and out.

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Note:

• Processing fees are non-refundable
• Renovation permit maximum validity is 3 months.
• Out of time special delivery, moving in and out applica-

tion must be submitted at least 24hours prior to arrival.

3 Multipurposed Area / Room

1. Rental Please refer to the
2. Deposit management office.

Note:

- All deposits are refundable

- Residents / Client’s shall ensure the cleanliness of the hall
and it surrounding to be maintained at all times.

- Residents / Client’s shall maintain the original condition
of the building, equipment’s, flooring etc. So not to
damage any of the facilities provided and any other
facilities included in the booking.

- Residents / Client’s shall ensure that its guest remain in
the designated area only and not roaming to other
facilities so not to create a disturbance to the authorized
users.

4 Sport facilities booking deposit (refundable) RM 30/- each

5 Replacement of access card RM 50/- per card

6 Additional access card RM 50/- per card

7 Vehicle unclamping fee RM 50/-

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8 Replacement of car sticker ADDITIONAL
BY-LAWS
9 Additional car sticker
RM 5.00/ sticker
10 Rental of Notice Board – A4 size only RM 10.00/ sticker
RM 10/- per notice
11 Rental of Retail Lots per notice board
1. Rental per week
2. Security Deposit Tender
3. Utilities Deposit
RM 100 / 1 Sq.m /
12 Rental of Common Spaces for Event Month.

13 Copy of By-Laws & Additional By-Laws RM 10/-
1. E-Book

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BY-LAWS

APPENDIX D
RENOVATION PROCEDURES

Owner initiate request Issuance of Renovation Registration of Contractor
Permit

Submission of Renovation Payment of Deposit and Verified completion &
Application Form Processing Fees compliance by manage-

ment office

Submission of Renovation Submission of Indemnity Refund of Renovation
Submission Checklist Letter Deposit
- Drawing
- Design

- Authority approval letter

Note:

1. Parcel’s owner is responsible in obtaining the necessary approval from the authority prior to the
application.

2. Parcel’s owner is responsible to inform any additional work that was not mentioned in the
renovation application form.

3. For stratified development, parcel’s owner is required to obtain approval from the authority and
Developer/JMB/MC prior to the commencement of work.

4. Parcel’s owner shall not allow any of the appointed contractors to live or stay inside the house
without prior approval from the management office.

5. Please refer to the management office for Form & Checklist.

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