Malaysia legislation
Section 52
Section 52
(2)
During the preliminary management period, the amount of the Charges to be paid under subsection (1) shall be determined by the developer in proportion to the share units assigned to each parcel.
(3)
The amount of the contribution to the sinking fund to be paid under subsection (1) shall be a sum equivalent to ten per cent of the Charges.
(4)
The proprietor shall, within fourteen days of receiving a notice from developer, pay the Charges, and contribution to the sinking fund, to the management corporation and if any sum remains unpaid by the proprietor at the expiry of the period of fourteen days, the developer may in the name of the management corporation recover the sum in the manner set out in section 78.
(5)
If any sum remains unpaid by the proprietor at the expiry of the period of fourteen days specified in subsection (4), the proprietor shall pay interest at the rate of ten per cent per annum on a daily basis.
(6)
Any proprietor who is not satisfied with the sums determined by the developer under subsection (2) or (3) may apply to the
Commissioner for a review and the Commissioner may—
(a)
determine the sum to be paid as the Charges, or contribution to the sinking fund; or
Act 757
(b)
instruct the developer to appoint, at the developer’s own cost and expense, a registered property manager to recommend the sum payable as Charges, or contribution to the sinking fund, and submit a copy of the registered property manager’s report to the Commissioner.
(7)
Upon receiving the report under paragraph (6)(b), the
Commissioner shall determine the sum payable as he thinks just and reasonable, and any sum so determined by the Commissioner shall be deemed to be the sum payable as the Charges, or contribution to the sinking fund.
(8)
For the purposes of this section, “proprietor” includes—
(a)
the person for the time being receiving the rent of the parcel, whether as an agent or a trustee or a receiver, and who would receive the same if the parcel were let to a tenant;
(b)
a purchaser to be duly registered as a proprietor; or
(c)
a developer in respect of those parcels in the development area which have not been sold.
Prohibition on collection of moneys for maintenance from proprietors