Strata Management Act 2013 · Updated to 8 Feb 2013 · Part X
Section 140
Official textFrom Laws of Malaysia Online, unchanged
If a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the commission of the offence was a director, a member of the management committee, a member of the subsidiary management committee, a member of the joint management committee, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
Director
“Director” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
may be charged severally or jointly in the same proceedings with the body corporate; and
if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves —
that the offence was committed without his knowledge, consent or connivance; and
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Terms defined in this Act
Director
Defined · s 2“Director” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
joint management committee
Defined · s 2“joint management committee”, in relation to a joint management body, means the committee of the joint management body elected under section 22;
management committee
Defined · s 2“management committee”, in relation to a management corporation, means the committee of the management corporation elected under section 56;
Secretary
Defined · s 101“Secretary” means the Secretary to the Strata Management Tribunal appointed under paragraph 104(1)(a);
subsidiary management committee
Defined · s 2“subsidiary management committee”, in relation to a subsidiary management corporation, means the committee of the subsidiary management corporation elected under section 63;
Part XI