Strata Management Act 2013 · Updated to 8 Feb 2013 · Chapter 2
Section 13
Official textFrom Laws of Malaysia Online, unchanged
No person shall at any time collect any Charge, or contribution to the sinking fund from any purchaser for the maintenance and management of any building or land intended for subdivision into parcels and the common property unless—
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);
a maintenance account and a sinking fund account have been opened in respect of the development area; and
maintenance account
“maintenance account” means an account required to be opened and maintained by a developer, joint management body, management corporation or subsidiary management corporation under section 10, 23, 50, 60 or 66, as the case may be;
vacant possession of the parcel purchased by the purchaser has been delivered to the purchaser.
Notwithstanding subsection (1), any developer of a development area which has been completed on or before the commencement of this Act and has, immediately before that date, been collecting moneys from the purchasers for the maintenance and
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management of any building or land intended for subdivision into parcels and the common property comprised in the development area, may continue to do so until the joint management body is established, provided that all moneys shall be collected and dealt with by the developer in accordance with this Act.
building or land intended for subdivision into parcels
“building or land intended for subdivision into parcels” means— (a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels, and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title; or (b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
Any person who fails to comply with subsection (1) or
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.
Terms defined in s 2
building or land intended for subdivision into parcels
Defined · s 2“building or land intended for subdivision into parcels” means— (a) any building or buildings having two or more storeys in a development area and intended to be subdivided into parcels, and any land on the same lot intended to be subdivided into parcels to be held under a separate strata title; or (b) any development area having two or more buildings intended to be subdivided into land parcels as defined in the Strata Titles Act 1985;
joint management body
Defined · s 2“joint management body” means the body established under section 17;
maintenance account
Defined · s 2“maintenance account” means an account required to be opened and maintained by a developer, joint management body, management corporation or subsidiary management corporation under section 10, 23, 50, 60 or 66, as the case may be;
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);
sinking fund account
Defined · s 2“sinking fund account” means an account required to be opened and maintained by a developer, joint management body, management corporation or subsidiary management corporation under section 11, 24, 51, 61 or 67, as the case may be;
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