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Strata Management Act 2013- Part 3

63. Administration of the subsidiary management corporation

(1) A subsidiary management corporation shall elect a subsidiary management committee which, subject to any restriction imposed or direction given by the subsidiary management corporation at a general meeting, shall perform the duties and conduct the business of the subsidiary management corporation on its behalf, and may for that purpose exercise any of its powers.

(2) The subsidiary management corporation shall comprise all the proprietors of all parcels comprised in the development area for whose exclusive benefit the limited common property is designated.

(3) The proprietors who constitute a subsidiary management corporation may call and hold meetings and pass resolutions in the same manner as proprietors constituting a management corporation.

(4) At least one member of the subsidiary management committee of a subsidiary management corporation shall be a member of the management committee of the management corporation.

(5) The provisions of the Second Schedule shall apply to the subsidiary management corporation and the subsidiary management committee, with necessary modifications, including--

(a) a reference to the "management corporation" shall be construed as a reference to the subsidiary management corporation; and

(b) a reference to the "management committee" shall be construed as a reference to the subsidiary management committee.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/64.Duties and powers of subsidiary management corporation

64. Duties and powers of subsidiary management corporation

(1) Subject to subsection (2), a subsidiary management corporation shall have the same powers and duties as the management corporation with respect to any matter that relates solely to the limited common property designated for the exclusive benefit of all proprietors comprising the subsidiary management corporation, and unless expressly otherwise provided, the provisions of Chapter 3 shall apply, with the necessary modifications, to subsidiary management corporation as they apply to the management corporation.

(2) After the establishment of the subsidiary management corporation for the limited common property, the management corporation shall retain its powers and duties in matters concerning common property of the development area which is not designated as limited common property.

(3) Without prejudice to the generality of subsection (1), the subsidiary management corporation shall--

(a) subject to sections 66 and 67, establish its own maintenance account and sinking fund account for the common expenses of its limited common property, including expenses related to its limited common property;

(b) require proprietors of parcels in the subsidiary management corporation to pay the Charges, and contribution to the sinking fund;

(c) enforce the by-laws relating to its limited common property; and

(d) otherwise have the control, management and administration of its limited common property.

(4) A subsidiary management corporation shall not enter into any contract or sue in the name of the management corporation and the management corporation shall have no liability for contracts made or debts or legal costs incurred by the subsidiary management corporation.

(5) A subsidiary management corporation may obtain insurance only--

(a) against risks that are not insured by the management corporation; or

(b) for amounts that are in excess of amounts insured by the management corporation.

(6) For the purposes of subsection (5), a subsidiary management corporation shall have the same insurable interest in its limited common property as the management corporation has in the common property.

(7) Notwithstanding any other provision of this Act, a subsidiary management corporation for any limited common property comprised in a development area may manage and maintain--

(a) any common property within that same development area; or

(b) any other limited common property of another subsidiary management corporation within that development area, upon such terms and conditions as may be agreed between the subsidiary management corporation and the management corporation or other subsidiary management corporation, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/65.Expenses of subsidiary management corporation

65. Expenses of subsidiary management corporation

The expenses of a subsidiary management corporation that relate solely to its limited common property shall be shared, from time to time, by the proprietors of all parcels entitled under this Chapter to the exclusive benefit of the limited common property, and each parcel's share of contribution shall be calculated as follows:

A/B x C

Where--

A is the share unit of a parcel;

B is the aggregate share units of all parcels entitled to the exclusive benefit of the limited common property; and

C is the total contributions determined by the subsidiary management corporation as payable by proprietors of all parcels entitled to the exclusive benefit of the limited common property.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/66.Maintenance account of subsidiary management corporation

66. Maintenance account of subsidiary management corporation

(1) A subsidiary management corporation shall open and maintain a maintenance account with a bank or financial institution, into which shall be deposited all Charges paid by the proprietors constituting the subsidiary management corporation.

(2) The maintenance account shall consist of the moneys specified in subsection 50(2) and may be used only for the purposes specified in subsection 50(3).

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/67.Sinking fund account of subsidiary management corporation

67. Sinking fund account of subsidiary management corporation

(1) A subsidiary management corporation shall open and maintain a sinking fund account with a bank or financial institution, into which shall be deposited all contributions to the sinking fund paid by the proprietors constituting the subsidiary management corporation.

(2) The sinking fund account may be used only for the purposes specified in subsection 51(2).

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/68.Proprietors to pay Charges, and contribution to the sinking fund, to subsidiary management corporation

68. Proprietors to pay Charges, and contribution to the sinking fund, to subsidiary management corporation

(1) Each proprietor constituting a subsidiary management corporation shall pay the Charges, and contribution to the sinking fund, to the subsidiary management corporation for the expenses related to its limited common property.

(2) The amount of Charges to be paid under subsection (1) shall be determined by the subsidiary management corporation from time to time in proportion to the share units of each parcel.

(3) The amount of contribution to the sinking fund to be paid under subsection (1) shall be a sum equivalent to ten per cent of the Charges unless otherwise determined by the subsidiary management corporation from time to time at a general meeting, but such contribution to the sinking fund shall not be less than ten per cent of the Charges.

(4) Any Charge, or contribution to the sinking fund, imposed under subsection (2) or (3) in respect of a parcel shall be due and payable on the passing of a resolution to that effect by the subsidiary management corporation and in accordance with the terms of that resolution, and may be recovered in the manner set out in section 78 from a proprietor of, or his successor-in-title to, the parcel.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/69.Judgments against management corporation relating to limited common property

69. Judgments against management corporation relating to limited common property

(1) If a judgment against a management corporation relates solely to the parcels whose proprietors constitute a subsidiary management corporation, the judgment shall be against only the proprietors of those parcels.

(2) A parcel's share of a judgment referred to in subsection (1) shall be calculated in accordance with section 65 as if the amount of the judgment were the Charges, or contribution to the sinking fund, and a proprietor's liability shall be limited to that proportionate share of the judgment.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/70.By-laws for regulation of subdivided building or land

Part V STRATA MANAGEMENT AFTER EXISTENCE OF MANAGEMENT CORPORATION

Chapter 5 Miscellaneous provisions applicable to this Part

70. By-laws for regulation of subdivided building or land

(1) Any by-laws prescribed by regulations made under section 150 shall have effect in relation to every subdivided building or land and common property.

(2) A management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by the regulations made under section 150, for regulating the control, management, administration, use and enjoyment of the subdivided building or land and the common property, including all or any of the following matters:

(a) safety and security measures;

(b) details of any common property of which the use is restricted;

(c) the keeping of pets;

(d) parking;

(e) floor coverings;

(f) refuse control;

(g) behaviour;

(h) architectural and landscaping guidelines to be observed by all proprietors; and

(i) imposition of fine not exceeding two hundred ringgit against any proprietor, occupant or invitee who is in breach of any of the by-laws.

(3) The additional by-laws made under subsection (2) shall bind the management corporation and the proprietors, and any chargee, lessee, tenant or occupier of a parcel to the same extent as if the additional by-laws--

(a) had been signed or sealed by the management corporation, and each proprietor and each such chargee, lessee, tenant or occupier, respectively; and

(b) contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.

(4) The management corporation shall--

(a) keep a record of the additional by-laws in force from time to time;

(b) on receipt of an application in writing made by a proprietor or by a person duly authorized to apply on behalf of a proprietor for a copy of the additional by-laws in force, supply to such proprietor or person duly authorized, at a reasonable cost, a copy of the additional by-laws; and

(c) on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make such additional by-laws available for inspection.

(5) No additional by-law shall be capable of operating--

(a) to prohibit or restrict the transfer, lease or charge of, or any other dealing with any parcel of a subdivided building or land; and

(b) to destroy or modify any easement expressly or impliedly created by or under the Strata Titles Act 1985.

(6) A copy of any additional by-laws made by the management corporation under subsection (2) and any amendment of any additional by-laws for the time being in force, certified as a true copy under the seal of the management corporation, shall be filed by the management corporation with the Commissioner within thirty days of the passing of the special resolution by the management corporation approving the additional by-laws.

(7) The management corporation or any proprietor shall be entitled to apply to the Tribunal or a court of competent jurisdiction--

(a) for an order to enforce the performance of, or restrain the breach of, any by-laws by; or

(b) to recover damages for any loss or injury to any persons or properties arising out of the breach of any by-law from, any persons bound to comply with the by-laws.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/71.By-laws for limited common property

71. By-laws for limited common property

(1) The by-laws of the management corporation shall apply to the limited common property managed and maintained by the subsidiary management corporation unless the by-laws have been otherwise expressly amended--

(a) by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and

(b) in respect of any matter that relates solely to that limited common property or subsidiary management corporation.

(2) A subsidiary management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by regulations made under section 150, relating to the limited common property designated for the exclusive benefit of all the parcels in the subsidiary management corporation.

(3) The additional by-laws made under subsection (2) shall bind the subsidiary management corporation and the proprietors of parcels constituting that subsidiary management corporation, and any chargee, lessee, tenant or occupier of such a parcel to the same extent as if the additional by-laws--

(a) had been signed or sealed by the subsidiary management corporation, and each such proprietor and each such chargee, lessee, tenant or occupier, respectively; and

(b) contained mutual covenants to observe, comply and perform all the provisions of these additional by-laws.

(4) A copy of any additional by-laws made by the subsidiary management corporation under subsection (2) and any amendment of any additional by-laws for the time being in force, certified as a true copy under the seal of the subsidiary management corporation, shall be filed by the subsidiary management corporation with the Commissioner within thirty days of the passing of the special resolution by the subsidiary management corporation approving the additional by-laws.

(5) The subsidiary management corporation or any proprietor of parcel constituting that subsidiary management corporation shall be entitled to apply to the Tribunal or a court of competent jurisdiction--

(a) for an order to enforce the performance of, or restrain the breach of, any additional by-laws by; or

(b) to recover damages for any loss or injury to any person or property arising out of the breach of any additional by-laws from, any person bound to comply with the by-laws.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/72.Strata roll

72. Strata roll

(1) A developer, during the preliminary management period, or the management corporation, as the case may be, shall prepare and maintain a strata roll in such form as the Commissioner may require, containing the following particulars in respect of all the parcels in the development area:

(a) the share units of each parcel;

(b) the floor area of each parcel;

(c) the name and address of every proprietor, and if the proprietor is not a resident of Malaysia, the address in Malaysia at which notices may be served on the proprietor; and

(d) the name and address of the solicitor acting for the proprietor in the sale and purchase of the parcel, if any.

(2) Any developer who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3) If a management corporation fails to comply with subsection (1), every member of the management committee commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4) In proceedings against the member of the management committee for an offence under subsection (3), it is a defence if the member proves that--

(a) the offence was committed without his knowledge, consent or connivance; and

(b) he had taken all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/73.Right of proprietor or prospective proprietor

73. Right of proprietor or prospective proprietor

Subject to a payment of a fee not exceeding fifty ringgit, on application by or on behalf of a person who is a proprietor, or by or on behalf of a person who is a prospective proprietor, the management corporation or the subsidiary management corporation, as the case may be, shall issue to that person a certificate certifying--

(a) the amount of Charges, and contribution to the sinking fund, payable by a proprietor to the management corporation or the subsidiary management corporation, as the case may be;

(b) the time and manner of payment of the amount of such Charges and contribution;

(c) the amount, if any, of arrears of Charges, and contribution to the sinking fund, in respect of the parcel;

(d) the sum standing to the credit of the maintenance account and the sum in the account that has been committed or reserved for expenses already incurred by the management corporation or the subsidiary management corporation, as the case may be;

(e) the sum standing to the credit of the sinking fund account and the sum in the account that has been committed or reserved for expenses already incurred by the management corporation or subsidiary management corporation, as the case may be; and

(f) the nature of the repairs and estimated expenditure, if any, where the management corporation or subsidiary management corporation, as the case may be, has incurred any expenditure or is about to perform any repairs, work or act in respect of which a liability is likely to be incurred by the proprietor of the parcel under any provision of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/74.Acquisition of additional land, grant and acceptance of easements, etc.

74. Acquisition of additional land, grant and acceptance of easements, etc.

(1) A management corporation, if authorized by a unanimous resolution, may--

(a) acquire land outside the lot to be used for the purposes connected with subdivided building or land;

(b) grant or accept the burden of an easement imposed on the lot for the benefit of some other land; or

(c) accept the benefit of an easement imposed in favour of the lot on some other land.

(2) The land outside the lot acquired under paragraph (1)(a)--

(a) shall be treated and dealt with as if it were part of the common property; and

(b) shall be held on a separate title and shall not be amalgamated with the lot.

(3) Where an instrument is executed by the management corporation in the exercise of its powers under subsection (1)--

(a) the instrument shall be valid and effective without execution by any proprietor or other person or body having an interest in the land;

(b) the receipt of the management corporation for any moneys payable to the management corporation under the instrument shall be a good and sufficient discharge which exonerates the person or body paying the moneys from responsibility for the application of the moneys; and

(c) when the instrument is filed for registration, it shall be endorsed with or accompanied by a certificate under the seal of the management corporation stating that--

(i) the resolution directing the transaction to which the instrument relates was duly passed; and

(ii) the transaction conforms to the terms of the resolution.

(4) A certificate given under paragraph (3)(c) shall, in favour of the Commissioner or a party to the transaction other than the management corporation, be conclusive evidence of the facts certified.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/75.Rating

75. Rating

(1) A management corporation shall--

(a) within one month after its establishment, or within such further period as the rating authority may allow, supply the rating authority with two copies of the certified strata plan in respect of the subdivided building or land and with the names and addresses of the members of the management committee of the management corporation; and

(b) keep the rating authority informed of any changes in the plan, names and addresses supplied under paragraph (a).

(2) Where a rate is imposed on the common property, the management corporation shall be liable to pay the rate.

(3) For the purposes of this section, "the rating authority", in relation to a subdivided building or land, means any authority authorized by law to impose rates.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/76.Appointment of administrator for management corporation

76. Appointment of administrator for management corporation

(1) A court of competent jurisdiction on the application of the management corporation, a proprietor or any other person or body having a registered interest in a parcel may appoint an administrator for the management corporation for a fixed or indefinite period and on such terms and conditions as to remuneration or otherwise as the court thinks fit.

(2) The remuneration and expenses of the administrator shall be charged on the maintenance account of the management corporation.

(3) The administrator shall, to the exclusion of the management corporation, have the power and perform the duties of the management corporation, or such of them as the court may direct.

(4) Notwithstanding subsection (3), the management corporation may apply under subsection (6) for the removal or replacement of the administrator.

(5) An administrator when appointed shall forthwith file with the Commissioner an office copy of the order of court making his appointment.

(6) The court may, on the application of the management corporation or any person or body entitled to apply under subsection (1), remove or replace the administrator.

(7) Where an order of the court for removal or replacement of an administrator has been granted to any person, such person shall forthwith file with the Commissioner an office copy of such order.

(8) On any application made under this section, the court may make such order for the payment of costs as it thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/77.Recovery of sum as a debt due to management corporation or subsidiary management corporation

77. Recovery of sum as a debt due to management corporation or subsidiary management corporation

(1) The payment of any amount lawfully incurred by the management corporation or the subsidiary management corporation in the course of the exercise of any of its powers or functions or carrying out of its duties or obligations shall by virtue of this section be guaranteed by the proprietors for the time being constituting the management corporation or the subsidiary management corporation.

(2) Each proprietor shall be liable under such guarantee referred to in subsection (1) only for such proportion of the money so incurred as the share units of his parcel or the provisional share units of his provisional block bear to the aggregate share units.

(3) Where any proprietor has not discharged or fully discharged his liability for the purpose of subsection (1), the management corporation or the subsidiary management corporation shall be entitled to recover from the proprietor in a court of competent jurisdiction or before the Tribunal as a debt due to it.

(4) Where for reasons of insufficiency of fund to meet the sum guaranteed under subsection (1), the management corporation or the subsidiary management corporation may at an annual general meeting or at an extraordinary general meeting determine the amount to be contributed by each proprietor and decide any other issue or matter relating to the settlement of the said sum.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/78.Procedure for recovery of sums due

78. Procedure for recovery of sums due

(1) Where a sum becomes recoverable by a management corporation by virtue of subsection 52(4), 60(4), 60(5), 61(4), 61(5) or 77(3), or by a subsidiary management corporation by virtue of subsection 68(4), from a proprietor under this Act, the management corporation or the subsidiary management corporation, as the case may be, may serve on the proprietor a written notice demanding payment of the sum due within the period as may be specified in the notice which shall not be less than two weeks from the date of service of the notice.

(2) If any sum remains unpaid by the proprietor at the end of the period specified in the notice under subsection (1), the management corporation or the subsidiary management corporation, as the case may be, may file a summons or claim in a court of competent jurisdiction or before the Tribunal for the recovery of the said sum or, as an alternative to recovery under this section, resort to recovery under section 79.

(3) Any proprietor who, without reasonable excuse, fails to comply with the written notice under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, to a further fine not exceeding fifty ringgit for every day or part thereof during which the offence continues after conviction.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/79.Recovery of sums by attachment of movable property

79. Recovery of sums by attachment of movable property

(1) The Commissioner may, upon sworn application in writing made by any member of the management committee of the management corporation or subsidiary management committee of the subsidiary management corporation, issue a warrant of attachment in Form A of the Third Schedule authorizing the attachment of any movable property belonging to the defaulting proprietor which may be found in the building or elsewhere in the State.

(2) The warrant of attachment under subsection (1) shall be executed by a member of the management committee of the management corporation or subsidiary management committee of the subsidiary management corporation or by a person specially employed by the management committee or subsidiary management committee to execute such warrants, in the presence of the Commissioner or an officer from the office of the Commissioner.

(3) If the member of the management committee of the management corporation or subsidiary management committee of the subsidiary management corporation or the person referred to in subsection (2) encounters difficulties in executing the warrant, he may seek the assistance of the Commissioner, and in providing such assistance, the Commissioner may request for the assistance of a police officer not below the rank of Inspector.

(4) A person executing the warrant of attachment--

(a) may, in the daytime, effect forcible entry into any house or building or any part of the house or building for the purpose of executing the warrant; and

(b) shall, immediately after attachment, make an inventory of the property attached under the warrant and serve a notice in Form B of the Third Schedule on the person who, at the time of attachment, was or appeared to be in possession of the property.

(5) Any tenant, subtenant, or occupier who, in order to avoid the attachment or sale of the movable property for non-payment of any sum due to the management corporation or the subsidiary management corporation by the proprietor, pays such sum may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to the proprietor, and may retain possession of the property until such amount has been fully reimbursed to him whether by deduction from the rent or otherwise.

(6) The receipt issued by the management corporation or the subsidiary management corporation for any amount so paid by any such tenant, subtenant or occupier under subsection (5) shall be deemed a discharge in full for the like amount of rent.

(7) If any person whose property is attached disputes the legality of the attachment, he may, within fourteen days of the date of attachment, apply to the Magistrate's Court having jurisdiction in the place of attachment for an order for the release of the property, and the Magistrate's Court, after making such enquiry as may be necessary, shall grant or refuse to grant the order.

(8) If the sum due is not paid within fourteen days from the date of attachment, the property attached or such portion of the property attached as may be sufficient to realize the sum shall be sold by auction conducted by the management corporation under the supervision of the Commissioner, unless within that period an application is made under subsection (7), in which case the property shall be held pending the decision of the Magistrate's Court and shall then be dealt with as the Magistrate's Court may order.

(9) If the Magistrate's Court refuses to grant an order for the release of the property, and that decision of the Magistrate's Court is reached within fourteen days from the date of attachment, the property shall not be sold before the expiry of that period.

(10) Notwithstanding subsections (8) and (9), if the property is of a perishable nature, it may be sold at once, and in that case, the proceeds of sale shall be held pending the decision of the Magistrate's Court and shall then be dealt with as the Magistrate's Court may order.

(11) In any other case, the proceeds of sale shall be applied in satisfaction of the sum due together with the costs of the attachment and sale, and any surplus and any property not sold shall be paid or returned to the person who, at the time of attachment, was or appeared to be in possession of the property.

(12) The costs of attachment shall include the expenses of the maintenance of livestock and the custody of movable property.

(13) In this section, unless the context otherwise requires, "proprietor", in relation to the recovery of a sum recoverable by virtue of subsection (6) or (8) from a proprietor, includes any successor-in-title to the proprietor.

(14) Where any property is sold by virtue of subsection (10) before the expiry of fourteen days from the date of attachment, the reference in subsection (7) to an "order for the release of the property" shall be construed as a reference to an order for the release of the proceeds of the sale of the property.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/80.Moneys not required for immediate use

80. Moneys not required for immediate use

All moneys in the accounts required to be opened and maintained under this Part which exceeds five thousand ringgit and which are not required for immediate use, shall be placed or deposited by the management corporation or the subsidiary management corporation, as the case may be, into an income-bearing deposit account with a bank or financial institution.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/81.Existing managing agent

Part V STRATA MANAGEMENT AFTER EXISTENCE OF MANAGEMENT CORPORATION

Chapter 6 Transitional and saving provisions due to consequential amendments to the Strata Titles Act 1985

81. Existing managing agent

Any person who, immediately before the commencement of this Act, was a managing agent appointed by the Commissioner of Buildings under section 50 of the Strata Titles Act 1985, shall continue as such managing agent as if he were appointed under Part VI of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/82.Existing maintenance fund or special account

82. Existing maintenance fund or special account

Every account or fund established by the management corporation under the Strata Titles Act 1985 before the commencement of this Act shall continue and be deemed to have been established under this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/83.Existing notices, orders, etc.

83. Existing notices, orders, etc.

(1) Any notice, order or other document prepared, issued or made by the Commissioner under the Strata Titles Act 1985 shall, in so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, issued or made under the corresponding provisions of this Act.

(2) Any decision made by the Commissioner under the Strata Titles Act 1985 shall, in so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been made under the corresponding provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/84.Pending applications, etc.

84. Pending applications, etc.

(1) Any application or other document filed for approval under the Strata Titles Act 1985 before the commencement of this Act and was not approved before that date shall, where applicable, be deemed to be an application or a document filed for approval under the corresponding provisions of this Act.

(2) Where anything has been commenced by or on behalf of the Commissioner before the commencement of this Act, such thing may be carried out by or under the authority of the Commissioner under the corresponding provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/85.Existing rules

85. Existing rules

Any rules made under the Strata Titles Act 1985 and in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue in force as if the rules were made under this Act until they are revoked or repealed by regulations made under this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/86.Appointment of managing agent by Commissioner

Part VI MANAGING AGENT

86. Appointment of managing agent by Commissioner

(1) Where--

(a) a situation under paragraph 19(2)(b) occurs; or

(b) after due inquiry has been carried out by the Commissioner or a person appointed by him based on a complaint made to the Commissioner by a purchaser or a proprietor or any other person or body having an interest in a parcel, registered or otherwise, the Commissioner is satisfied that the maintenance and management of a building or land intended for subdivision into parcels or any subdivided building or land and common property is not carried out satisfactorily by the developer, joint management body, management corporation or subsidiary management corporation, as the case may be,

the Commissioner may appoint, by written notification, one or more persons to act as managing agent to maintain and manage the building or land intended for subdivision into parcels or any subdivided building or land and the common property for a period to be specified by the Commissioner.

(2) A managing agent appointed under this Part shall enter into a management agreement with the developer, joint management body, management corporation or subsidiary management corporation, as the case may be, to carry out the duties and powers of the developer, joint management body, management corporation or subsidiary management corporation, respectively as provided for under this Act.

(3) The managing agent shall be entitled to be paid such remuneration or fees as may be agreed upon between the managing agent and the developer, joint management body, management corporation or subsidiary management corporation, as the case may be, with the concurrence of the Commissioner, and such remuneration or fees shall be charged to the maintenance account.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/87.Independence of managing agent

87. Independence of managing agent

(1) A person shall not be appointed as a managing agent if he has a professional or pecuniary interest in any building or land intended for subdivision into parcels or any subdivided building or land.

(2) A person is regarded as having a professional or pecuniary interest in any building or land intended for subdivision into parcels or any subdivided building or land if--

(a) he has been responsible for the design or construction of the building;

(b) he or any of his nominees, officers or employees has any material interest in the building or land intended for subdivision into parcels or any part of the building or land;

(c) he is a partner or is in the employment of a person who has any material interest in the building or land intended for subdivision into parcels or any part of the building or land; or

(d) he or his family holds any interest in the building or land intended for subdivision into parcels or any part of the building or land whether directly as a trustee or otherwise.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/88.Managing agent to lodge bond

88. Managing agent to lodge bond

A person shall not act as managing agent unless he has lodged with the Commissioner a bond in the form approved by the Commissioner and for the specified amount given by a bank, finance company or insurer and which binds the bank, finance company or insurer to make good any loss caused by the managing agent as a result of his failure to account for monies received or held by him.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/89.Powers and duties of managing agent

89. Powers and duties of managing agent

(1) Where a managing agent has been appointed under subsection 86(1), the managing agent shall have control over the moneys in the maintenance account and the sinking fund account.

(2) Subject to the general directions of the Commissioner, the managing agent appointed shall perform the duties and exercise the powers with regard to the maintenance and management of the building as if he were acting as the developer, joint management body, management corporation or subsidiary management corporation, as the case may be.

(3) It shall be the duty of the managing agent to pay all moneys received by him in his capacity as managing agent into the accounts specified in subsection (1) of that development area within three working days of receiving the moneys.

(4) As soon as practicable after his appointment, but in any case not more than one month after his appointment, a managing agent shall prepare and submit to the Commissioner a statement showing as at the date of his appointment--

(a) the moneys standing to the credit of the maintenance account or the sinking fund account;

(b) the amounts due and owing by the parcel owners or proprietors which are to be deposited into the maintenance account or the sinking fund account;

(c) any income derived from the common property or the proposed limited common property of the development area, which is to be deposited into the maintenance account or the sinking fund account; and

(d) any sum incurred for the maintenance and management of any building or land, which is authorized to be paid out of the maintenance account or the sinking fund account, and which remains unpaid.

(5) Any managing agent who fails to comply with subsection (3) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, to a further fine not exceeding five thousand ringgit for every day or part thereof during which the offence continues after conviction.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/90.Developer not to be relieved of his obligations to carry out repairs, etc.

90. Developer not to be relieved of his obligations to carry out repairs, etc.

The appointment of a managing agent shall not relieve the developer of his obligation--

(a) towards the purchasers in his development area to carry out repairs to the common property or to make good any defect, shrinkage or other faults in the common property during the defects liability period; and

(b) to carry out repairs and varied and additional works to ensure that the development is constructed in accordance with the specifications and plan approved by the competent authority.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/91.Termination of management agreement

91. Termination of management agreement

(1) Upon the termination of a management agreement entered into under subsection 86(2), the managing agent shall--

(a) not more than one month from such termination, prepare and submit to the Commissioner the unaudited accounts of the maintenance account and the sinking fund account, and hand over to the Commissioner a complete list of the assets and liabilities of such maintenance account and sinking fund account and all records related to and necessary for the maintenance and management of the building or land; and

(b) not later than three months from such termination, submit to the Commissioner the audited accounts of the maintenance account and the sinking fund account.

(2) Any managing agent who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3) In the event of the termination of the management agreement, the Commissioner may appoint another managing agent to maintain and manage the building or land for a period to be specified by the Commissioner.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/92.Developer to pay deposit to rectify defects on common property

Part VII DEPOSIT TO RECTIFY DEFECTS

92. Developer to pay deposit to rectify defects on common property

(1) A developer of a building shall deposit in cash or bank guarantee with the Commissioner such sum as may be determined by the Commissioner for the purpose of carrying out any work to rectify any defects in the common property of the development area after the completion of the common property.

(2) The deposit referred to in subsection (1) shall be paid to the Commissioner upon the handing over of vacant possession.

(3) The Commissioner may use the deposit for the purpose of carrying out any work which is necessary to rectify any defects in the common property of the development area.

(4) Where the Commissioner has determined that the deposit is insufficient for rectifying the defects to the common property, the Commissioner may direct the developer to deposit within fourteen days such further sums as the Commissioner may determine.

(5) Any unexpended deposit shall be refunded to the developer on the expiry of the defect liability period for the development area.

(6) Any developer who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and to a further fine not exceeding fifty ringgit for every day or part thereof during which the offence continues after conviction.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/93.Duty to insure buildings

Part VIII INSURANCES

93. Duty to insure buildings

(1) Any person or body who has a duty or is responsible under this Act to maintain and manage any building shall insure such building under a damage policy with a licensed insurer in accordance with this Part.

(2) A damage policy means a contract of insurance providing, in the event of the building being destroyed or damaged by fire, lightning, explosion, bursting or overflowing of water tanks or pipes, windstorms and any other occurrence specified in the policy, for--

(a) the rebuilding of the building or its replacement by a similar building in the event of its destruction so that every part of the rebuilt building or the replacement building is in a condition not worse or not less extensive than that part or its condition when that part was new;

(b) the repair of damage to, or the restoration of the damaged portion of the building in the event of its being damaged but not destroyed, so that the repaired or restored portion is in a condition not worse or not less extensive than that portion or its condition when that portion was new;

(c) the payment of expenses incurred in the removal of debris; and

(d) the remuneration of architects and other persons whose services are necessary as an incident to the rebuilding, replacement, repair or restoration.

(3) A damage policy may provide that, instead of the work and the payments being carried out or made on the occurrence of any of the events specified in subsection (2), the liability of the insurer is, on the occurrence of any such event, limited to an amount specified in the policy that is not less than the valuation of the building as determined in section 94.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/94.Amount to be insured

94. Amount to be insured

(1) Any building shall be insured for at least the reinstatement value of the building indicated by the last valuation obtained for the building.

(2) For the purpose of determining the reinstatement value of the building that is required to be insured under this Part, a reinstatement valuation of the building shall be obtained from a registered valuer at least once every five years.

(3) The cost of such valuation shall be paid out from the maintenance account.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/95.Insurance where area cannot be separated from main premises of building

95. Insurance where area cannot be separated from main premises of building

(1) Where any limited common property is maintained and managed by a subsidiary management corporation, and the areas maintained and managed by the subsidiary management corporation cannot be separated from the main premises of the building maintained or managed by the management corporation--

(a) the management corporation shall insure the building under a damage policy; and

(b) the premiums paid for such insurance shall be apportioned between the subsidiary management corporation and the management corporation in accordance with the share units of the proprietors constituting the subsidiary management corporation against the aggregate share units of the proprietors constituting the management corporation.

(2) For the purpose of this section, "cannot be separated from the main premises of the building" means that the area maintained and managed by the subsidiary management corporation does not exist as an independent structure, and any damage to the structure or its facilities will materially affect the existence or usability of all other structures within its vicinity.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/96.Insurance where area can be separated from main premises of building

96. Insurance where area can be separated from main premises of building

(1) Where any limited common property is maintained and managed by a subsidiary management corporation, and the area maintained and managed by the subsidiary management corporation can be separated from the main premises of the building maintained or managed by the management corporation--

(a) the management corporation shall insure the part of the building excluding the area managed by the subsidiary management corporation; and

(b) the subsidiary management corporation shall insure the part of the building excluding the area managed by the management corporation.

(2) For the purpose of this section, "can be separated from the main premises of the building" means that the area maintained and managed by the subsidiary management corporation exists as an independent structure, and any damage to the structure or its facilities will not materially affect the existence or usability of all other structures within its vicinity.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/97.Land parcels

97. Land parcels

The insurance required to be effected under this Part does not apply to land parcels, and each parcel owner or proprietor shall be responsible to insure his building on the land parcel.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/98.Other insurances

98. Other insurances

A joint management body, management corporation or subsidiary management corporation may, apart from the insurance referred to in subsection 93(1), insure against such other risks as the parcel owners or proprietors may, by a special resolution, direct.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/99.Insurable interest

99. Insurable interest

A joint management body, management corporation or subsidiary management corporation shall be deemed--

(a) for the purposes of effecting any insurance under subsection 93(1), to have an insurable interest in the building equal to the amount to be insured under subsection 94(1); and

(b) for the purposes of effecting any insurance under section 98, to have an insurable interest in the subject matter of the insurance.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/100.Obligation to rebuild

100. Obligation to rebuild

Subject to any order or resolution made under Part VIII of the Strata Titles Act 1985, all payments of money from an insurer in respect of destruction of or damage to a building shall be immediately applied in rebuilding, replacing, repairing or restoring the building.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/101.Interpretation

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 1 General

101. Interpretation

(1) In this Part, unless the context otherwise requires--

"award"

means a decision of the Tribunal on the substance of the dispute and includes any order on costs or interest but does not include any interlocutory order;

"court"

means any court of competent jurisdiction in Malaysia;

"interlocutory order"

means an order that--

(a) is made pursuant to a claim to the Tribunal in the course of any proceeding of the Tribunal; and

(b) is incidental to the principal object of that proceeding,

and includes any direction about the conduct of that proceeding, but does not include any partial or interim order making a final determination in respect of that proceeding;

"party"

means a claimant or respondent and includes any person joined as a third party;

"claimant"

means a person who commences a proceeding before the Tribunal to have a matter dealt with by the Tribunal;

"respondent"

means a person against whom a proceeding is commenced by the claimant;

"Secretary"

means the Secretary to the Strata Management Tribunal appointed under paragraph 104(1)(a);

"claim"

means a proceeding before the Tribunal between a claimant and a respondent.

(2) For the purposes of this Part, where a provision of this Part refers to a claim, it may also apply to a counterclaim, and where it refers to a defence, it may also apply to a defence to that counterclaim.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/102.Establishment of Tribunal

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 2 Establishment and organization

102. Establishment of Tribunal

There is established a tribunal to be known as the Strata Management Tribunal.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/103.Members, terms of office and allowances

103. Members, terms of office and allowances

(1) The Tribunal shall consist of the following members who shall be appointed by the Minister:

(a) a Chairman and a Deputy Chairman to be appointed from among the members of the Judicial and Legal Service; and

(b) not less than twenty other members to be appointed from among--

(i) the persons who are members of or who have held office in the Judicial and Legal Service; or

(ii) the person who are admitted as advocates and solicitors under the Legal Profession Act 1976 [Act 166], the Advocates Ordinance of Sabah [Sabah Cap. 2] or the Advocates Ordinance of Sarawak [Sarawak Cap. 110], and who has not less than seven years' standing.

(2) Where the Chairman is for any reason unable to perform his functions or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman.

(3) The member referred to in paragraph (1)(b) shall hold office for a term not exceeding three years and shall be eligible for reappointment upon the expiry of his term of office.

(4) A member of the Tribunal appointed under paragraph (1)(b) may at any time resign his office by giving three months' written notice to the Minister.

(5) The Minister may at any time revoke the appointment of a member of the Tribunal referred to in paragraph (1)(b) and fill any vacancy in its membership.

(6) The Chairman and the Deputy Chairman shall be paid such fixed allowances and other allowances as the Minister may determine.

(7) The members of the Tribunal appointed under paragraph (1)(b) shall be paid a daily sitting allowance during the sitting of the Tribunal and such lodging, travelling and subsistence allowances as the Minister may determine.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/104.Secretary, officers and staff

104. Secretary, officers and staff

(1) The Minister shall appoint--

(a) a Secretary to the Strata Management Tribunal; and

(b) such other officers and staff of the Tribunal as may be necessary to carry out the functions of the Tribunal.

(2) Subject to the directions of the Chairman, the Secretary may, in connection with any application to the Tribunal, make interlocutory orders.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/105.Jurisdiction of Tribunal

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 3 Jurisdiction of Tribunal

105. Jurisdiction of Tribunal

(1) The Tribunal shall have the jurisdiction to hear and determine any claims specified in Part 1 of the Fourth Schedule and where the total amount in respect of which an award of the Tribunal is sought does not exceed two hundred and fifty thousand ringgit or such other amount as may be prescribed to substitute the total amount.

(2) For the avoidance of doubt, the Limitation Act 1953 [Act 254] shall not apply to the proceedings of the Tribunal.

(3) The jurisdiction of the Tribunal shall not extend to any claim in which the title to any land, or any estate or interest in land, or any franchise, is in question.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/106.Exclusion of jurisdiction of court

106. Exclusion of jurisdiction of court

(1) Where a claim is filed with the Tribunal and the claim is within the Tribunal's jurisdiction, the issues in dispute in that claim, whether as shown in the initial claim or as emerging in the course of the hearing, shall not be the subject of proceedings between the same parties in any court unless--

(a) the proceedings before the court were commenced before the claim was filed with the Tribunal; or

(b) the claim before the Tribunal is withdrawn, abandoned or struck out.

(2) Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the Tribunal unless the claim before the court is withdrawn, abandoned or struck out.

(3) For the purpose of this section, a claim shall be deemed to have been made with the Tribunal when section 108 has been complied with.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/107.Persons entitled to file a claim

107. Persons entitled to file a claim

No person other than the following persons shall be entitled to file a claim to the Tribunal:

(a) a developer;

(b) a purchaser;

(c) a proprietor, including an original proprietor;

(d) a joint management body;

(e) a management corporation;

(f) a subsidiary management corporation;

(g) a managing agent; and

(h) any other interested person, with the leave of the Tribunal.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/108.Claim to be in prescribed form

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 4 Conduct of proceedings

108. Claim to be in prescribed form

A claim shall be made in the prescribed form together with the prescribed fee and in accordance with any regulations made under this Part.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/109.Sittings of Tribunal

109. Sittings of Tribunal

(1) The jurisdiction of the Tribunal shall be exercised by any of the following members sitting alone:

(a) the Chairman;

(b) the Deputy Chairman; or

(c) any of the members of the Tribunal determined by the Chairman.

(2) The Tribunal may sit in one or more sittings on such day and at such time and place as the Chairman may determine.

(3) If the member presiding over any proceedings in respect of a claim dies or becomes incapacitated, or is for any other reason unable to complete or dispose of the proceedings, the claim shall be heard afresh by another member of the Tribunal, unless the parties agree that the claim be continued by another member of the Tribunal.

(4) Where the term of appointment of any member of the Tribunal appointed under paragraph 103(1)(b) expires during the pendency of any proceedings in respect of a claim, the term of his appointment shall be deemed to have been extended until the final disposal of the claim.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/110.Right to appear at hearings

110. Right to appear at hearings

(1) At the hearing of a claim, every party shall be entitled to attend and be heard.

(2) No party shall be represented by an advocate and solicitor at a hearing unless, in the opinion of the Tribunal, the matter in question involves complex issues of law and one party will suffer severe financial hardship if he is not represented by an advocate and solicitor.

(3) If one party is allowed to be represented by an advocate and solicitor under subsection (2), the other party shall also be so entitled.

(4) Subject to subsections (2) and (3)--

(a) a corporation or unincorporated body of persons may be represented by a full-time paid employee of the corporation or body; and

(b) a minor or any other person under a disability may be represented by his next friend or guardian ad litem.

(5) Where a party is represented as permitted under subsection (4), the Tribunal may impose such conditions as it considers necessary to ensure that the other party to the proceedings is not substantially disadvantaged.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/111.Proceedings to be public

111. Proceedings to be public

All proceedings before the Tribunal shall be open to the public.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/112.Negotiation for settlement

112. Negotiation for settlement

(1) The Tribunal shall, in respect of every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the matter.

(2) Without limiting the generality of subsection (1), in making an assessment, the Tribunal shall have regard to any factors that, in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.

(3) Where the parties reach an agreed settlement, the Tribunal shall approve and record the settlement, and the settlement shall then take effect as if it were an award of the Tribunal.

(4) Where--

(a) it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the matter; or

(b) the parties are unable to reach an agreed settlement in relation to the matter,

the Tribunal shall proceed to determine the claim.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/113.Equal treatment of parties

113. Equal treatment of parties

The Tribunal shall act fairly and impartially as between the parties, giving each party a reasonable opportunity of presenting his case and dealing with that of his opponent.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/114.Determination of rules and procedure

114. Determination of rules and procedure

(1) The Tribunal may conduct the proceedings in such manner as it considers appropriate, necessary or expedient for the purpose of ascertaining the facts or law in order that it may determine a claim.

(2) The powers conferred upon the Tribunal under subsection (1) shall include the following:

(a) to determine when and where any part of the proceedings is to be held;

(b) to determine the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;

(c) to make interlocutory orders;

(d) to determine the relevancy, admissibility and weight of any evidence without being bound by the rules of evidence under the Evidence Act 1950 [Act 56];

(e) to draw on its own knowledge and expertise;

(f) to order the provision of further particulars in a statement of claim or statement of defence;

(g) to order the giving of security for costs;

(h) to make an on-site inspection of the building or land which form the subject matter of the claim;

(i) to order samples to be taken from, or any observation to be made of or experiment conducted upon, any parcel or common property or limited common property which is or forms part of the subject matter of the claim;

(j) to order the discovery and production of documents or materials within the possession or power of a party;

(k) to order the preservation and interim custody of any evidence for the purposes of the proceedings;

(l) to order the interrogatories to be answered;

(m) to order that any evidence to be given on oath or affirmation; and

(n) to summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the Tribunal in its deliberations.

(3) A summons issued under paragraph (2)(n) shall be served and enforced as if it were a summons issued by a court.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/115.Hearings

115. Hearings

(1) The Tribunal may decide whether to hold oral hearings for the presentation of evidence or oral arguments, or whether the proceedings shall be conducted on the basis of documents and other materials.

(2) The parties shall be given reasonable prior notice of any hearing and of any meeting of the Tribunal for the purposes of inspection of document or property.

(3) All statements, documents or other information supplied to the Tribunal by one party shall be communicated to the other party.

(4) Any expert report or evidentiary document on which the Tribunal may rely on in making its decision shall be communicated to the parties.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/116.Appointment of expert by Tribunal

116. Appointment of expert by Tribunal

(1) The Tribunal may--

(a) appoint one or more experts to report to it on specific issues to be determined by the Tribunal; and

(b) require a party to give the expert any relevant information or to produce or to provide access to any relevant document or property for the expert's inspection.

(2) If the party so requests or if the Tribunal considers it necessary, the expert shall, after delivery of a written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and to present other expert witnesses in order to testify on the points at issue.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/117.Awards of the Tribunal

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 5 Awards of Tribunal

117. Awards of the Tribunal

(1) The Tribunal shall make its award without delay and, where practicable, within sixty days from the first day the hearing before the Tribunal commences.

(2) The Tribunal shall in all proceedings give its reason for its award in the proceedings.

(3) In making an award under subsection (1), the Tribunal may make one or more of the orders specified in Part 2 of the Fourth Schedule, and may include in the award such stipulations and conditions as it thinks fit and just.

(4) In making an order under subsection (3), the Tribunal shall have regard to--

(a) the relevant provisions of this Act; or

(b) the interest of all parcel owners or proprietors in the use and enjoyment of their parcels or the common property or limited common property.

(5) The Tribunal may, at any time, rectify or correct clerical mistake in any award or errors arising in the award from any accidental slip or omission.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/118.References to a Judge of the High Court on a question of law

118. References to a Judge of the High Court on a question of law

(1) Before the Tribunal makes an award under section 117, it may, in its discretion, refer to a Judge of the High Court a question of law--

(a) which arose in the course of the proceedings;

(b) which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; or

(c) the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.

(2) If the Tribunal refers to any question of law under subsection (1) for the decision of a Judge of the High Court, it shall make its award in conformity with such decision.

(3) For the purposes of this section, a Federal Counsel authorized by the Attorney General may appear on behalf of the Tribunal in any proceedings before a Judge of the High Court.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/119.Awards and settlement to be recorded in writing

119. Awards and settlement to be recorded in writing

The Tribunal shall make or cause to be made a written record of the terms of--

(a) every agreed settlement reached by the parties under subsection 112(3); and

(b) every award made by it under section 117.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/120.Decisions of Tribunal to be final

120. Decisions of Tribunal to be final

(1) An award made under subsection 112(3) or section 117 shall--

(a) subject to section 121, be final and binding on all parties to the proceedings; and

(b) be deemed to be an order of a court and be enforced accordingly by any party to the proceedings.

(2) For the purpose of paragraph (1)(b), in the case where the award made by the Tribunal has not been complied with, the Secretary shall send a copy of the award made by the Tribunal to the court having jurisdiction in the place to which the award relates or in the place where the award was made, and the court shall cause the copy of the award to be recorded.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/121.Challenging the award on ground of serious irregularity

121. Challenging the award on ground of serious irregularity

(1) A party to the proceedings of the Tribunal may, upon notice to the other party and to the Tribunal, apply to the High Court challenging an award in the proceedings on the ground of serious irregularity affecting the awards.

(2) If there is shown to be serious irregularity affecting the award, the High Court may--

(a) remit the award to the Tribunal, in whole or in part, for reconsideration; or

(b) set the award aside in whole or in part.

(3) For the purpose of this section, "serious irregularity" means an irregularity of one or more of the following kinds which the court considers has caused substantial injustice to the applicant:

(a) failure by the Tribunal to comply with section 113;

(b) failure of the Tribunal to deal with all the relevant issues that were put to it; or

(c) uncertainty or ambiguity as to the effect of the award.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/122.Disposal of document, etc.

122. Disposal of document, etc.

(1) The Tribunal may, at the conclusion of the proceedings before it, order that any document, record, material or other property produced during the proceedings be delivered to the rightful owner or be disposed of in such manner as it thinks fit.

(2) Where no person has taken delivery of the document, record, material or other property referred in subsection (1) after a period of six months, the ownership in the document, record, material or other property shall be deemed to have passed to and become vested in the Government.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/123.Criminal penalty for failure to comply with award

Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL

Chapter 6 Miscellaneous provisions applicable to this Part

123. Criminal penalty for failure to comply with award

Any person who fails to comply with an award made by the Tribunal commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both, and in the case of a continuing offence, to a further fine not exceeding five thousand ringgit for every day or part thereof during which the offence continues after conviction.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/124.Regulations in respect of the Tribunal

124. Regulations in respect of the Tribunal

(1) The Minister may, after consultation with the National Council for Local Government, make such regulations as may be necessary or expedient in respect of the Tribunal.

(2) Without prejudice to the generality of subsection (1), regulations may be made for--

(a) prescribing the duties and powers of members, the Secretary, and officers and staff of the Tribunal;

(b) prescribing the limit of the total amount in respect of which an award of the Tribunal can be sought;

(c) prescribing the procedure of the Tribunal;

(d) prescribing the forms to be used in proceedings under this Part;

(e) prescribing and imposing fees and providing for the manner for collecting and disbursing such fees;

(f) prescribing the costs or interest applicable to proceedings in the Tribunal; and

(g) prescribing any other matters for the better carrying out of the provisions of this Part.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/125.Power of investigation

Part X ENFORCEMENT

125. Power of investigation

(1) The Commissioner may investigate the commission of any offence under this Act.

(2) The Commissioner may authorize in writing any officer of the local authority or public officer to exercise the powers of enforcement under this Act.

(3) Whenever an authorized officer exercises any of its powers of enforcement under this Act, he shall on demand produce to the person against whom the power is being exercised the authority issued to him under subsection (2).

(4) In any case relating to the commission of an offence under this Act, the Commissioner or an authorized officer carrying out an investigation may exercise all or any of the powers of a police officer of whatever rank in relation to police investigation in seizable cases as provided under the Criminal Procedure Code [Act 593], and such powers shall be in addition to the powers provided under this Part and not in derogation thereof.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/126.Search and seizure with warrant

126. Search and seizure with warrant

(1) If it appears to a Magistrate, upon written information on oath from the Commissioner or authorized officer and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act or its subsidiary legislation is being or has been committed on any premises, so that any evidence or thing which is necessary to the conduct of an investigation into an offence may be found in any premises, the Magistrate may issue a warrant authorizing the Commissioner or any authorized officer named in the warrant to enter the premises at any reasonable time by day or by night, with or without assistance, and if need be by force and there to search for and seize any such evidence or thing, provided that nothing shall authorize any court other than the High Court to grant a warrant to search for a postal article, telegram or other document in the custody of the postal or telegraph authorities.

(2) Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the Commissioner or authorized officer to--

(a) search for, seize and detain any book, register, document or other record;

(b) inspect, make copies of, or take extracts from, any book, register, document or other record so seized and detained;

(c) take possession of, and remove from the premises, any book, register, document or other record so seized and detained; or

(d) make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

(3) The Commissioner or authorized officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(4) The Commissioner or authorized officer making a search of a person under subsection (3) or section 127 may seize, or take possession of, and place in safe custody all things other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.

(5) No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

(6) If, by the reason of its nature, size or amount, it is not practicable to remove any book, register, document or other record seized under this section, the seizing officer shall by any means seal such book, register, document or other record in the premises or container in which it is found.

(7) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, register, document or other record under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/127.Search and seizure without warrant

127. Search and seizure without warrant

If the Commissioner or an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 126 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the Commissioner or authorized officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 126 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/128.Access to computerized data

128. Access to computerized data

(1) The Commissioner or authorized officer conducting a search under section 126 or 127 shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purposes of this section, "access"--

(a) includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data; and

(b) has the meaning assigned to it in subsections 2(2) and (5) of the Computer Crimes Act 1997 [Act 563].

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/129.List of things seized

129. List of things seized

(1) Except as provided in subsection (2), where any book, register, document or other record is seized under this Part, the seizing officer shall as soon as practicable prepare a list of the things seized and of the places in which they are respectively found and deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.

(2) Where the premises are unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously on the premises.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/130.Release of things seized

130. Release of things seized

(1) If any book, register, document or other record has been seized under this Act, the Commissioner or authorized officer who effected the seizure, may at any time after that release the book, register, document or other record to the person as he determines to be lawfully entitled to the book, register, document or other record if he is satisfied that the book, register, document or other record is not otherwise required for the purpose of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under any other written law, and in such event neither the officer effecting the seizure, nor the Government, the Commissioner or any person acting on behalf of the Government or the Commissioner shall be liable to any proceedings by any person if the seizure and the release of the book, register, document or other record had been effected in good faith.

(2) A record in writing shall be made by the Commissioner or authorized officer effecting the release of any book, register, document or other record under subsection (1) specifying in detail the circumstances of and the reason for the release and he shall send a copy of the record to the Public Prosecutor and to the Inspector-General of Police within seven days of the release.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/131.Power to require attendance of person acquainted with case

131. Power to require attendance of person acquainted with case

(1) The Commissioner or authorized officer making an investigation under this Act or its subsidiary legislation may by order in writing require the attendance before himself of any person who appears to the Commissioner or authorized officer to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.

(2) If any person refuses to attend as so required, the Commissioner or authorized officer may report such refusal to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/132.Examination of person acquainted with case

132. Examination of person acquainted with case

(1) The Commissioner or authorized officer making an investigation under this Act or its subsidiary legislation may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the Commissioner or authorized officer, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

(4) The Commissioner or authorized officer examining a person under subsection (1) shall first inform the person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be--

(a) after it has been read to him in the language in which he made it; and

(b) after he has been given an opportunity to make any correction he may wish.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/133.Obstruction

133. Obstruction

A person who--

(a) refuses the Commissioner or any authorized officer access to any premises which the Commissioner or authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;

(b) assaults, obstructs, hinders or delays the Commissioner or any authorized officer in effecting any entry which the Commissioner or authorized officer is entitled to effect under this Act or in the execution of any duty imposed or power conferred by this Act; or

(c) refuses to give the Commissioner or any authorized officer any information relating to an offence or suspected offence under this Act or its subsidiary legislation or any other information which may reasonably be required of him and which he has in his knowledge or power to give,commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/134.Requirement to provide translation

134. Requirement to provide translation

(1) Where the Commissioner or an authorized officer finds, seizes, detains, or takes possession of any book, register, document or other record in the exercise of any power under this Act, and such book, register, document or other record or any part of it is in a language other than the national language or the English language, or in any sign or code, the Commissioner or authorized officer may orally or in writing require the person who had the possession, custody or control of such book, register, document or other record to furnish to the Commissioner or authorized officer a translation in the national language of such book, register, document or other record within such period as, in the opinion of the Commissioner or authorized officer, would be reasonable having regard to the length of the book, register, document or other record, or other circumstances relating to it.

(2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful and true translation, or knowingly make a translation under that subsection which is not accurate, faithful and true.

(3) Any person who fails to comply with subsection (2) commits an offence and shall on conviction, be liable, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/135.Compounding of offences

135. Compounding of offences

(1) The Minister may, by regulations, prescribe any offence under this Act or its subsidiary legislation to be a compoundable offence.

(2) The Commissioner may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or its subsidiary legislation and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Commissioner an amount of money not exceeding fifty per centum of the maximum fine for that offence within such time as may be specified in the written offer.

(3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Commissioner may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4) Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any book, register, document or other record seized under this Act or its subsidiary legislation in connection with the offence may be released by the Commissioner, subject to such terms and conditions as it thinks fit to impose in accordance with the conditions of the compound.

(5) All sums of money received by the Commissioner under this section shall be deposited into the State Consolidated Fund or the Federal Consolidated Fund, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/136.Prosecution

136. Prosecution

No prosecution shall be instituted for any offence under this Act or subsidiary legislation made under this Act except by or with the consent in writing of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/137.Jurisdiction of the Magistrate's Court

137. Jurisdiction of the Magistrate's Court

Notwithstanding the provisions of any written law to the contrary, a Court of Magistrate of the First Class shall have jurisdiction to try summarily any offence under this Act or any of its subsidiary legislation and to award a full punishment for any such offence.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/138.Joinder of offences

138. Joinder of offences

Notwithstanding anything contained in section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act or any of its subsidiary legislation, he may be charged with and tried at one trial for any number of such offences committed within the space of any length of time.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/139.Protection of informers

139. Protection of informers

(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings under this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.

(2) If any book, register, document or other record which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.

(3) If in a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceeding without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/140.Offences by body corporate

140. Offences by body corporate

If a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the commission of the offence was a director, a member of the management committee, a member of the subsidiary management committee, a member of the joint management committee, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management--

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves--

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/141.Continuing offences

141. Continuing offences

Where provision is made by or under this Act for the imposition of a daily penalty in respect of a continuing offence--

(a) the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for the person to comply with any direction given by the court; and

(b) where the court has fixed such period, the daily penalty is not recoverable in respect of any day before the period expires.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/142.Evidential provisions

Part XI MISCELLANEOUS

142. Evidential provisions

In any proceedings in a court or of the Tribunal under this Act with respect to any alleged defect in a parcel or in any common property or limited common property situated immediately, whether wholly or partly, above another parcel or any common property or limited common property, it shall be presumed, in the absence of proof to the contrary, that the defect is within that first-mentioned parcel or common property or limited common property, as the case may be, if there is any evidence of dampness, moisture or water penetration--

(a) on the ceiling that forms part of the interior of the parcel, common property or limited common property, as the case may be, immediately below the first-mentioned parcel, common property or limited common property; or

(b) on any furnishing material, including plaster, panel or gypsum board attached, glued, laid or applied to the ceiling that forms part of the interior of the parcel, common property or limited common property, as the case may be, immediately below the first-mentioned parcel, common property or limited common property.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/143.Representation in proceedings

143. Representation in proceedings

(1) Notwithstanding any other written law--

(a) in any proceedings by or against the joint management body, management corporation or subsidiary management corporation; or

(b) in any other proceedings in which the joint management body, management corporation or subsidiary management corporation is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard,

any person authorized by the joint management body, management corporation or subsidiary management corporation for that purpose may, on behalf of the joint management body, management corporation or subsidiary management corporation, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the joint management body, management corporation or subsidiary management corporation.

(2) Where all or some of the parcel owners or proprietors of the parcels in a development area--

(a) are jointly entitled to take proceedings for or with respect to the common property in that development area against any person or are liable to have such proceedings taken against them jointly; or

(b) are jointly entitled to take proceedings for or with respect to any limited common property in that development area against any person or are liable to have such proceedings taken against them jointly, the proceedings may be taken--

(A) in the case of paragraph (2)(a), by or against the joint management body or management corporation; or

(B) in the case of paragraph (2)(b), the subsidiary management corporation constituted for that limited common property, as if the joint management body, management corporation or subsidiary management corporation, as the case may be, were the parcel owners or the proprietors of the parcels concerned.

(3) Any judgment or order given or made in favour of or against the joint management body, management corporation or subsidiary management corporation, as the case may be, in any proceedings referred to in subsection (2) shall have effect as if it were a judgment or an order given or made in favour of or against the parcel owners or the proprietors, as the case may be.

(4) Where a parcel owner or proprietor is liable to make a contribution to another parcel owner or proprietor, as the case may be, in respect of a judgment debt arising under a judgment referred to in subsection (3), the amount of that contribution shall bear to the judgment debt--

(a) in the case of a judgment or an order for or against a joint management body or management corporation, the same proportion as the allocated share units or share units of the parcel of the first-mentioned parcel owner or proprietor bears to the aggregate share units; or

(b) in the case of a judgment or an order for or against a subsidiary management corporation, the same proportion as calculated in accordance with section 65.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/144.Service of notice or order

144. Service of notice or order

Any notice or order required to be served on any person under this Act may be served and shall be deemed to have been served on that person by serving a copy of such notice or order--

(a) personally;

(b) by registered post addressed to the last-known address of business, parcel or residence of the person to be served; or

(c) by attaching the notice or order at a prominent part of the last-known address of business, parcel or residence of the person to be served.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/145.Protection against suits and legal proceedings

145. Protection against suits and legal proceedings

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against--

(a) the Commissioner, the Deputy Commissioner or other officers appointed under subsection 4(1);

(b) any authorized officer referred to in subsection 125(2);

(c) Tribunal, a member of the Tribunal, the Secretary and an officer or staff of the Tribunal; or

(d) any person authorized to act for or on behalf of the Tribunal, in respect of any act, neglect or default done or committed by him or it, in good faith or any omission by him or it in good faith, in such capacity.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/146.Public Authorities Protection Act 1948

146. Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commissioner, any Deputy Commissioner or other officer appointed under subsection 4(1), or any authorized officer referred to in subsection 125(2) in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/147.Public servant

147. Public servant

The Commissioner, any Deputy Commissioner or other officer appointed under subsection 4(1), or any authorized officer referred to in subsection 125(1) while discharging his duty or performing his functions or exercising his powers under this Act in such capacity shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/148.Non-application of other written laws, contracts and deeds

148. Non-application of other written laws, contracts and deeds

On the coming into operation of this Act, in a local authority area or part of a local authority area or in any other area, the provisions of any written law, contracts and deeds relating to the maintenance and management of buildings and common property in as far as they are contrary to the provisions of this Act shall cease to have effect within the local authority area or that other area.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/149.Contracting out prohibited

149. Contracting out prohibited

(1) The provisions of this Act shall have effect notwithstanding any stipulation to the contrary in any agreement, contract or arrangement entered into after the commencement of this Act.

(2) No agreement, contract or arrangement, whether oral or wholly or partly in writing, entered into after the commencement of this Act shall operate to annul, vary or exclude any of the provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/STRATA MANAGEMENT ACT 2013 Act 757/STRATA MANAGEMENT ACT 2013 Act 757,,/150.Regulations

150. Regulations

(1) The Minister may, after consultation with the National Council for Local Government, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes:

(a) prescribing any matter which is required under this Act to be prescribed;