Strata Management Act 2013 · Updated to 8 Feb 2013 · Chapter 4
34. Procedure on recovery of sums due
Official textFrom Laws of Malaysia Online, unchanged
Where a sum becomes recoverable by the developer from the purchaser in respect of his parcel by virtue of subsection 12(5), or by the joint management body from the parcel owner in respect of his parcel by virtue of subsection 25(6) or 33(3), the developer or the joint management body may serve on the purchaser or the parcel owner, as the case may be, a written notice demanding payment of the sum due within the period as may be specified in the notice which shall not be less than fourteen days from the date of service of the notice.
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);
If any sum remains unpaid by the purchaser or parcel owner at the end of the period specified in the notice under subsection (1), the developer or the joint management body, as the case may be, may file a summons or claim in a court of competent jurisdiction or in the Tribunal for the recovery of the said sum or as an alternative to recovery under this section, resort to recovery under section 35.
parcel owner
“parcel owner” means the purchaser or the developer in respect of those parcels in the development area which have not been sold by the developer;
Any purchaser or parcel owner who, without reasonable excuse, fails to comply with the notice referred to in subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding five 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 fifty ringgit for every day or part thereof during which the offence continues after conviction.
Recovery of sums by attachment of movable property
Terms defined in this Act
claim
Defined · s 101“claim” means a proceeding before the Tribunal between a claimant and a respondent.
joint management body
Defined · s 2“joint management body” means the body established under section 17;
parcel owner
Defined · s 2“parcel owner” means the purchaser or the developer in respect of those parcels in the development area which have not been sold by the developer;
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);
Tribunal
Defined · s 2“Tribunal” means the Strata Management Tribunal established under Part IX;
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