Strata Management Act 2013 · Updated to 8 Feb 2013 · Chapter 2
12. Purchaser and developer to pay Charges, and contribution to sinking fund
Official textFrom Laws of Malaysia Online, unchanged
Each purchaser shall pay the Charges, and contribution to the sinking fund, in respect of his parcel to the developer for the maintenance and management of the buildings or lands intended for subdivision into parcels and the common property in a development area.
purchaser
“purchaser” means the purchaser of a parcel and includes any person or body who has acquired an interest as a purchaser in the parcel or any person or body for the time being registered as a parcel owner in the register of parcel owners under subsection 30(1);
The developer shall pay the Charges, and contribution to the sinking fund, in respect of those parcels in the development area which have not been sold, being a sum equivalent to the
Charges
“Charges” means any money collected to be deposited into the maintenance account;
Charges, and contribution to the sinking fund, payable by the purchasers to the developer had the parcels been sold.
The amount of the Charges to be paid under subsections
and (2) shall be determined by the developer in proportion to the allocated share units of each parcel.
allocated share units
“allocated share units” means the share units assigned to each parcel intended for subdivision by the developer’s licensed land surveyor or in a case where share units have not been so assigned, means the share units assigned under section 8. Construction of the Act
The amount of contribution to the sinking fund to be paid under subsections (1) and (2) shall be a sum equivalent to ten per cent of the Charges.
The purchaser shall, within fourteen days of receiving a notice from the developer, pay the Charges, and contribution to the sinking fund, to the developer and if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days, the developer may recover the sum in the manner set out in section 34.
If any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days specified in subsection (5), the purchaser shall pay interest at the rate of ten per cent per annum on a daily basis.
Any purchaser who is not satisfied with the sums determined by the developer under subsection (3) or (4) may apply to the
Commissioner for a review and the Commissioner may—
Commissioner
“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
determine the sum to be paid as the Charges, or contribution to the sinking fund; or
instruct the developer to appoint, at the developer’s own cost and expense, a registered property manager to recommend the sum payable as the Charges, or contribution to the sinking fund, and submit a copy of the registered property manager’s report to the Commissioner.
Upon receiving the report under paragraph (7)(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.
Any developer who fails to comply with subsection (2)
commits an offence and shall, on conviction, be liable to a fine not exceeding twenty 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.
Prohibition on collection of moneys before accounts are opened
Terms defined in s 2
allocated share units
Defined · s 2“allocated share units” means the share units assigned to each parcel intended for subdivision by the developer’s licensed land surveyor or in a case where share units have not been so assigned, means the share units assigned under section 8. Construction of the Act
Charges
Defined · s 2“Charges” means any money collected to be deposited into the maintenance account;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
purchaser
Defined · s 2“purchaser” means the purchaser of a parcel and includes any person or body who has acquired an interest as a purchaser in the parcel or any person or body for the time being registered as a parcel owner in the register of parcel owners under subsection 30(1);
registered property manager
Defined · s 2“registered property manager” means a property manager registered under the Valuers, Appraisers and Estate Agents Act 1981;
Chapter 3
Chapter 4
Chapter 5
Part V
Strata Management After Existence of
Chapter 6
Part VI
Part VII
Part VIII
Insurances
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI