STRATA MANAGEMENT ACT 2013

Strata Management laws OF MALAYSIA Act 757 strata management act 2013 1 2 Laws of Malaysia Date of Royal Assent Act 757 ... ... 5 February 2013 Date of publication in the Gazette ... ... ... 8 February 2013 Publisher’s Copyright C percetakan nasional malaysia berhad All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Strata Management 3 laws of malaysia Act 757 STRATA MANAGEMENT act 2013 ARRANGEMENT OF sections Part I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation 3. Construction of the Act Part II ADMINISTRATION OF THE ACT 4. Appointment of Commissioner of Buildings, deputies and other officers Part III DEALINGS IN BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS 5. Application of this Part 6. Schedule of parcels to be filed with the Commissioner before sale of any parcel Part IV STRATA MANAGEMENT BEFORE EXISTENCE OF MANAGEMENT CORPORATION Chapter 1 General 7. 8. Application of this Part Allocated share units Chapter 2 Management by developer before joint management body is established 9. Duties and powers of developer during developer’s management period 4 Laws of Malaysia Section Act 757 10. Developer to establish maintenance account 12. Purchaser and developer to pay Charges, and contribution to sinking fund 11. 13. 14. 15. 16. Developer to establish sinking fund account Prohibition on collection of moneys before accounts are opened Duties of developer in relation to accounts Handing over by developer to the joint management body Balances not transferred shall vest in joint management body Chapter 3 Management by joint management body 17. Establishment of a joint management body 19. First annual general meeting of joint management body 18. 20. 21. 22. 23. 24. 25. 26. 27. 28. Duty of developer to convene first annual general meeting of joint management body Duty of joint management body to inform its name to Commissioner Duties and powers of joint management body Joint management committee Joint management body to establish maintenance account Joint management body to establish sinking fund account Parcel owners to pay Charges, and contribution to the sinking fund, to the joint management body Duties of joint management body in relation to accounts Dissolution of joint management body Balances not transferred shall vest in management corporation Chapter 4 Miscellaneous provisions applicable to this Part 29. 30. 31. 32. 33. Duty of developer in respect of Charges for building or land intended for subdivision into parcels completed before commencement of this Act Register of parcel owners Right of parcel owner or prospective purchaser By-laws for building or land intended for subdivision into parcels Recovery of sum as a debt due to joint management body Strata Management Section 34. Procedure on recovery of sums due 36. Moneys not required for immediate use 35. 5 Recovery of sums by attachment of movable property Chapter 5 Transitional and saving provisions due to the repeal of the Building and Common Property (Maintenance and Management) Act 2007 37. References to repealed Act and savings provision 39. Existing managing agent 38. 40. Existing body and committee Existing accounts or funds 41. Incumbent Commissioner of Buildings and other officers 42. Existing notices, orders, etc. 44. Pending appeals 43. 45. Pending applications, etc. Existing regulations Part V STRATA MANAGEMENT AFTER EXISTENCE OF MANAGEMENT CORPORATION Chapter 1 General 46. Application of this Part Chapter 2 Management by developer before first annual general meeting of management corporation 47. Application 49. Restrictions during preliminary management period 48. 50. 51. 52. Duties and powers of developer to maintain and manage Developer to establish maintenance account in the name of management corporation Developer to establish sinking fund account in the name of management corporation Proprietors to pay Charges, and contribution to the sinking fund 6 Laws of Malaysia Section Act 757 53. Prohibition on collection of moneys for maintenance from proprietors 54. Duties of developer in relation to accounts 55. Handing over of control to management corporation Chapter 3 Management after first annual general meeting of the management corporation 56. Management committee 57. Duty of developer to convene first annual general meeting 58. First annual general meeting of management corporation 59. Duties and powers of management corporation 60. Maintenance account of the management corporation 61. Sinking fund account of the management corporation 62. Duties of management corporation in relation to accounts Chapter 4 Subsidiary management corporation and limited common property 63. Administration of the subsidiary management corporation 64. Duties and powers of subsidiary management corporation 65. Expenses of subsidiary management corporation 66. Maintenance account of subsidiary management corporation 67. Sinking fund account of subsidiary management corporation 68. Proprietors to pay Charges, and contribution to the sinking fund, to subsidiary management corporation 69. Judgments against management corporation relating to limited common property Chapter 5 Miscellaneous provision applicable to this Part 70. By-laws for regulation of subdivided building or land 71. By-laws for limited common property 72. Strata roll 73. Right of proprietor or prospective proprietor Strata Management Section 7 74. Acquisition of additional land, grant and acceptance of easements, etc. 75. Rating 76. Appointment of administrator for management corporation 77. Recovery of sum as a debt due to management corporation or subsidiary management corporation 78. Procedure for recovery of sums due 79. Recovery of sums by attachment of movable property 80. Moneys not required for immediate use Chapter 6 Transitional and saving provisions due to consequential amendments to the Strata Titles Act 1985 81. Existing managing agent 82. Existing maintenance fund or special account 83. Existing notices, orders, etc. 84. Pending applications, etc. 85. Existing rules Part VI MANAGING AGENT 86. Appointment of managing agent by Commissioner 87. Independence of managing agent 88. Managing agent to lodge bond 89. Powers and duties of managing agent 90. Developer not to be relieved of his obligations to carry out repairs, etc. 91. Termination of management agreement Part VII DEPOSIT TO RECTIFY DEFECTS 92. Developer to pay deposit to rectify defects on common property 8 Laws of Malaysia Act 757 Part VIII INSURANCES Section 93. 94. Duty to insure buildings Amount to be insured 95. Insurance where area cannot be separated from main premises of building 96. Insurance where area can be separated from main premises of building 97. 98. Land parcels Other insurances 99. Insurable interest 100. Obligation to rebuild Part IX DISPUTES AND STRATA MANAGEMENT TRIBUNAL Chapter 1 General 101. Interpretation Chapter 2 Establishment and organization 102. 103. Establishment of Tribunal Members, terms of office and allowances 104. Secretary, officers and staff Chapter 3 Jurisdiction of Tribunal 105. Jurisdiction of Tribunal 107. Persons entitled to file a claim 106. Exclusion of jurisdiction of court Chapter 4 Conduct of proceedings 108. Claim to be in prescribed form 109. Sittings of Tribunal Strata Management Section 110. Right to appear at hearings 112. Negotiation for settlement 111. 113. 114. 115. 116. Proceedings to be public Equal treatment of parties Determination of rules and procedure Hearings Appointment of expert by Tribunal Chapter 5 Awards of Tribunal 117. Awards of the Tribunal 119. Awards and settlement to be recorded in writing 118. 120. References to a Judge of the High Court on a question of law Decisions of Tribunal to be final 121. Challenging the award on ground of serious irregularity 122. Disposal of document, etc. Chapter 6 Miscellaneous provisions applicable to this Part 123. Criminal penalty for failure to comply with award 124. Regulations in respect of the Tribunal Part X ENFORCEMENT 125. Power of investigation 126. Search and seizure with warrant 127. Search and seizure without warrant 128. Access to computerized data 130. Released of things seized 129. 131. 132. 133. List of things seized Power to require attendance of person acquainted with case Examination of person acquainted with case Obstruction 9 10 Section Laws of Malaysia 134. Requirement to provide translation 136. Prosecution 138. Joinder of offences Act 757 135. Compounding of offences 137. 139. 140. Jurisdiction of the Magistrate’s Court Protection of informers Offences by body corporate 141. Continuing offences Part XI MISCELLANEOUS 142. 143. Evidential provisions Representation in proceedings 144. Service of notice or order 145. Protection against suits and legal proceedings 147. Public servant 146. 148. Public Authorities Protection Act 1948 Non-application of other written laws, contracts and deeds 149. Contracting out prohibited 150. Regulations 152. Amendment of Schedules 151. 153. Power to exempt Repeal First Schedule Second Schedule Third Schedule Fourth Schedule 11 Strata Management laws of malaysia Act 757 strata management ACT 2013 An Act to provide for the proper maintenance and management of buildings and common property, and for related matters. [ ] WHEREAS it is expedient for the purposes only of ensuring uniformity of law and policy with respect to local government to make laws relating to the maintenance and management of buildings and common property within Peninsular Malaysia and the Federal Territory of Labuan: NOW, THEREFORE, pursuant to Clause (4) of Article 76 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Strata Management Act 2013. (2) This Act applies only to Peninsular Malaysia and the Federal Territory of Labuan. 12 Laws of Malaysia Act 757 (3) This Act shall come into operation in each State on such date as may be appointed by the Minister, after consultation with the State Authority of that State, by notification in the Gazette, and the Minister may, after consultation with the State Authority, appoint different dates— (a) for the coming into operation of this Act in different local authority areas or parts of local authority areas; and (b) for the coming into operation of different provisions of this Act in different local authority areas or parts of local authority areas. (4) This Act shall come into operation in the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya on a date to be appointed by the Minister responsible for the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya by notification in the Gazette. (5) Notwithstanding subsection (3), the State Authority may, by notification in the Gazette, extend any of the provisions of this Act to apply to the whole or any part of any area within the State which is not under any local authority area, and may make such modifications, amendments or variations to the provisions of this Act as may be necessary for the purpose of their application to such area. (6) Notwithstanding subsection (3), the State Authority may, by notification in the Gazette, exempt any part of any local authority area from any or all the provisions of this Act or any regulations made under this Act. (7) Th