Malaysia legislation

Section 15

of STRATA MANAGEMENT ACT 2013

Section 15

(a)

transfer all balances of moneys in the maintenance account and the sinking fund account, after payment of all the expenditure which have been properly charged to the accounts, to the joint management body;

(b)

hand over to the joint management body—

(i)

the administration office set up by the developer under paragraph 9(4)(a);

(ii)

the audited accounts of the maintenance account and the sinking fund account or, if such accounts have not been audited, the unaudited accounts;

(iii)

all the assets of the development area;

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(iv)

all records relating to and necessary for the maintenance and management of the buildings or lands intended for subdivision into parcels and the common property of the development area;

and

(v)

all invoices, receipts and payment vouchers in respect of the maintenance account and sinking fund account.

(2)

If only unaudited accounts have been handed over under subparagraph (1)(b)(ii), the developer shall, not more than three months after the expiry of the developer’s management period, hand over to the joint management body the audited accounts up to the date of transfer of the balances of moneys referred to in paragraph (1)(a).

(3)

Without prejudice to the generality of subparagraph (1)(b)(iv), the developer shall deliver to the joint management body copies of all of the following documents:

(a)

all approved plans for buildings or lands intended for subdivision into parcels relating to the development area;

(b)

any document in the developer’s possession that indicates, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on an approved plan or an approved amended plan;

(c)

all contracts entered into by the developer in respect of the maintenance or management of any building or land intended for subdivision into parcels and the common property comprised in the development area;

(d)

a copy of the schedule of parcels or the amended schedule of parcels filed with the Commissioner under subsection 6(1) or (2), if applicable, or a copy of the proposed strata plan filed with the Director under the provisions of the Strata Titles Act 1985, if any;

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(e)

the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development area during the construction of any building or land intended for subdivision into parcels and the common property comprised in the development area;

(f)

all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information in respect of the construction, installation, operation, maintenance, repair and servicing of any common property, including any warranty or information provided to the developer by any person referred to in paragraph (e);

(g)

the register of all parcel owners of the buildings or lands intended for subdivision into parcels; and

(h)

the original copy of all insurance policies effected under this Act.

(4)

Any developer who fails to comply with subsection (1),

(2)

or (3) 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.

Balances not transferred shall vest in joint management body