Malaysia legislation

Section 55

of STRATA MANAGEMENT ACT 2013

Section 55

(a)

transfer the control of all balances of moneys in the maintenance account and in the sinking fund account to the management committee of the management corporation; and

(b)

hand over to the management committee of the management corporation—

(i)

the administration office set up by the developer under subsection 48(3);

(ii)

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

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(iii)

all the assets of the management corporation;

and

(iv)

all records related to and necessary for the maintenance and management of the subdivided building or land and the common property of the development area.

(2)

If only unaudited accounts have been handed over under subparagraph (1)(b)(ii), the developer shall hand over to the management committee of the management corporation the audited accounts up to the date of transfer of control of all balances of moneys in the maintenance account and sinking fund account not later than three months after the expiry of the preliminary management period.

(3)

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

(a)

all approved plans for the subdivided buildings or land 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 subdivided building or land 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 the certified strata plan filed by the Director of Survey under the provisions of the Strata Titles Act 1985;

(e)

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

Act 757

(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).

(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.

Management after first annual general meeting of the management corporation

Management committee