Malaysia legislation
Section 17
Section 17
(1)
It shall be the duty of the management corporation —
(a)
to control, manage and administer the common property;
(b)
to keep the common property in good repair;
(c)
to pay the rent of the lot;
(d)
unless otherwise directed by unanimous resolution, to insure the building to its replacement value against fire and to keep it so insured;
(e)
to effect such other insurance of the building as may be required by law;
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(f)
to insure against such other risks as the subsidiary owners may by unanimous resolution direct;
(g)
to apply insurance moneys received by it in respect of damage to the building in re-building and re-instating the building, so far as it may be lawful to do so;
(h)
to pay the premiums on any policy of insurance effected by it;
(i)
to comply with any notice or order by a competent public, local or planning authority requiring the abatement of a nuisance on the common property or ordering repairs or other work to be done in respect of the common property; and
(j)
where a notice or order of the kind mentioned in paragraph (i) is given or made in respect of any of the parcels, to comply with the notice or order if the subsidiary owner of the parcel fails to do so within a reasonable time.
(2)
The management corporation may —
(a)
purchase, hire or otherwise acquire movable property for use by the subsidiary owners in connection with their enjoyment of the common property;
(b)
borrow moneys required by it in the exercise of its powers or the performance of its duties;
(c)
secure the repayment of moneys borrowed by it (and the payment of interest thereon) by negotiable instrument, by a charge of unpaid contributions to the management fund (whether already levied or not), by a charge of any property vested in it or by a combination of any of those means; and
(d)
do all things reasonable necessary for the performance of its duties under this Part.
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(3)
The management corporation may recover from a subsidiary owner any sum expended by it in respect of that owner’s parcel in complying with a notice or order under paragraph (j) of subsection (1).
(4)
The management corporation shall be deemed —
(a)
for the purpose of effecting any insurance under paragraphs (d) or (e) of subsection (1), to have an insurable interest in the building to its replacement value; and
(b)
for the purpose of effecting any insurance under paragraph (f) of that subsection, to have an insurable interest in the subject matter of the insurance.
(5)
A policy of insurance taken out by the management corporation under this section in respect of the building shall not be liable to be brought into contribution with any other policy of insurance, except another policy taken out under this section in respect of the same building.
(6)
The generality of this section shall not be prejudiced by any other provision of this Part conferring a power or imposing a duty on the management corporation.
Powers of Chairman of Local Authority to carry out duties of corporation.