Malaysia legislation

Section 23

of STRATA MANAGEMENT ACT 2013

Section 23

(2)

The maintenance account shall be administered and controlled by the joint management body and shall consist of—

(a)

all balances of moneys in the maintenance account transferred by the developer to the joint management body under paragraph 15(1)(a);

(b)

all or any part of the Charges imposed by or payable to the joint management body under this Act;

(c)

all moneys derived from the lease, rent or use of any property which may be lawfully charged by the joint management body;

(d)

all other moneys and property which may in any manner become payable to or vested in the joint management body in respect of any matter incidental to its functions and powers; and

(e)

all other moneys lawfully received by the joint management body, including interest, donation and trust.

(3)

The maintenance account referred to in subsection (1)

shall be used solely for the purpose of meeting the actual or expected general or regular expenditure necessary in respect of the following matters:

(a)

maintaining the common property in good condition on a day-to-day basis;

(b)

paying for the expenses incurred in providing cleaning services for the common property, security services and amenities for the occupiers of the building;

(c)

paying any premiums for the insurance effected under this Act or any other insurance approved by a special resolution in a general meeting;

(d)

complying with any notice or order given or made by the local authority in respect of periodical inspection of any building in the development area in the manner as specified in the Street, Drainage and Building Act 1974;

Strata Management 45

(e)

minor painting works on the premises of the common property;

(f)

carrying out inspection of all electrical wiring systems of the common property and replacing or repairing any faulty wiring systems, if any;

(g)

carrying out inspection, maintenance and repair of the main water tanks;

(h)

paying rent and rates, if any;

(i)

paying any fee incurred for the auditing of the accounts required to be maintained by the joint management body under this Act;

(j)

paying all charges reasonably incurred for the administration of the accounts required to be maintained by the joint management body under this Act as may be determined by the Commissioner;

(k)

paying the remuneration or fees for the managing agent appointed under Part VI;

(l)

paying for the allowances and other expenses of the members of the joint management body and members of the joint management committee according to such rates as may be approved by the Commissioner;

(m)

paying any expenses, costs or expenditure in relation to the procurement of services, including the engagement of consultants, legal fees or costs and other fees and costs, properly incurred or accepted by the joint management body in the performance of its functions and the exercise of its power under this Act; or

(n)

meeting other expenses of a general or regular nature relating to the maintenance and management of the building or land intended for subdivision into parcels and the common property.

Joint management body to establish sinking fund account

Section 23 — STRATA MANAGEMENT ACT 2013 | mylaw.my