Laws
Strata Management Act 2013
Part V
s 47

In forceUpdated to 8 Feb 2013Current version · Updated to 8 Feb 2013Read it in Bahasa Malaysia

Contents

Strata Management Act 2013

Find in this Act

IPreliminary

1Short title, application and commencement
2Interpretation
3Construction of the Act

IIAdministration of the Act

4Appointment of Commissioner of Buildings, deputies and other officers

IIIDealings in Building or Land Intended for Subdivision Into Parcels

5Application of this Part
6Schedule of parcels to be filed with the Commissioner before sale of any parcel

IVStrata Management Before Existence of

Chapter 1

7Application of this Part
8Allocated share units

Chapter 2

9Duties and powers of developer during developer’s management period
10Developer to establish maintenance account
11Developer to establish sinking fund account
12Purchaser and developer to pay Charges, and contribution to sinking fund
13(1) No person shall at any time collect any Charge, or contribution to the sinking fund from any purchaser for the maintenance and manageme...
14Duties of developer in relation to accounts
15Handing over by developer to the joint management body
16Balances not transferred shall vest in joint management body

Chapter 3

17(1) A joint management body shall be established upon the convening of the first annual general meeting of that joint management body—
18Duty of developer to convene first annual general meeting of joint management body
19First annual general meeting of joint management body
20Duty of joint management body to inform its name to Commissioner
21(1) The duties of a joint management body shall be as follows:
22(1) A joint management body shall elect a joint management committee which shall, subject to any restriction imposed or direction given by...
23Joint management body to establish maintenance account
24(1) A joint management body shall open and maintain a sinking fund account with a bank or financial institution, into which shall be deposi...
25(1) Each purchaser shall pay the Charges, and contribution to the sinking fund, in respect of his parcel to the joint management body for t...
26Duties of joint management body in relation to accounts
27Dissolution of joint management body
28Balances not transferred shall vest in management corporation

Chapter 4

29Duty of developer in respect of Charges for building or land intended for subdivision into parcels completed before commencement of this Act
30(1) A developer, during the developer’s management period, or the joint management body, as the case may be, shall prepare and maintain a r...
31Subject to a payment of a fee not exceeding fifty ringgit, on application by or on behalf of a person who is a parcel owner, or by or on be...
32By-laws for building or land intended for subdivision into parcels
33(1) The payment of any amount of money lawfully incurred by the joint management body in the course of the exercise of any of its powers or...
34Procedure on recovery of sums due
35(1) The Commissioner may, upon sworn application in writing made by the developer or any member of the joint management committee, issue a...
36Moneys not required for immediate use

Chapter 5

37References to repealed Act and savings provision
38Existing body and committee
39Existing managing agent
40Existing accounts or funds
41Incumbent Commissioner of Buildings and other officers
42Existing notices, orders, etc.
43Pending applications, etc.
44Pending appeals
45Existing regulations

VStrata Management After Existence of

46Application of this Part
47Application
48Duties and powers of developer to maintain and manage
49Restrictions during preliminary management period
50Developer to establish maintenance account in the name of management corporation
51Developer to establish sinking fund account in the name of management corporation
52Proprietors to pay Charges, and contribution to the sinking fund
53Prohibition on collection of moneys for maintenance from proprietors
54Duties of developer in relation to accounts
55Handing over of control to management corporation
56(1) Subject to subsection 63(4), the management corporation shall elect a management committee which, subject to any restriction imposed or...
57(1) It shall be the duty of the developer to convene the first annual general meeting of the management corporation within one month after...
58First annual general meeting of management corporation
59(1) The duties of a management corporation shall be as follows:
60Maintenance account of the management corporation
61Sinking fund account of the management corporation
62Duties of management corporation in relation to accounts
63(1) A subsidiary management corporation shall elect a subsidiary management committee which, subject to any restriction imposed or directio...
64(1) Subject to subsection (2), a subsidiary management corporation shall have the same powers and duties as the management corporation with...
65Expenses of subsidiary management corporation
66Maintenance account of subsidiary management corporation
67(1) A subsidiary management corporation shall open and maintain a sinking fund account with a bank or financial institution, into which sha...
68(1) Each proprietor constituting a subsidiary management corporation shall pay the Charges, and contribution to the sinking fund, to the su...
69(1) If a judgment against a management corporation relates solely to the parcels whose proprietors constitute a subsidiary management corpo...
70(1) Any by-laws prescribed by regulations made under section 150 shall have effect in relation to every subdivided building or land and com...
71(1) The by-laws of the management corporation shall apply to the limited common property managed and maintained by the subsidiary managemen...
72Strata roll
73Right of proprietor or prospective proprietor
74(1) A management corporation, if authorized by a unanimous resolution, may—
75(1) A management corporation shall—
76(1) A court of competent jurisdiction on the application of the management corporation, a proprietor or any other person or body having a r...
77(1) The payment of any amount lawfully incurred by the management corporation or the subsidiary management corporation in the course of the...
78(1) Where a sum becomes recoverable by a management corporation by virtue of subsection 52(4), 60(4), 60(5), 61(4), 61(5) or 77(3), or by a...
79(1) The Commissioner may, upon sworn application in writing made by any member of the management committee of the management corporation or...
80Moneys not required for immediate use

Chapter 6

81Existing managing agent
82Existing maintenance fund or special account
83Existing notices, orders, etc.
84Pending applications, etc.
85Existing rules

Part VI

86(1) Where—
87(1) A person shall not be appointed as a managing agent if he has a professional or pecuniary interest in any building or land intended for...
88A person shall not act as managing agent unless he has lodged with the Commissioner a bond in the form approved by the Commissioner and for...
89Powers and duties of managing agent
90Developer not to be relieved of his obligations to carry out repairs, etc.
91(1) Upon the termination of a management agreement entered into under subsection 86(2), the managing agent shall—

Part VII

92(1) A developer of a building shall deposit in cash or bank guarantee with the Commissioner such sum as may be determined by the Commission...

VIIIInsurances

93Duty to insure buildings
94Amount to be insured
95Insurance where area cannot be separated from main premises of building
96Insurance where area can be separated from main premises of building
97Land parcels
98A joint management body, management corporation or subsidiary management corporation may, apart from the insurance referred to in subsectio...
99Insurable interest
100Obligation to rebuild

IXDisputes and Strata Management Tribunal

101Interpretation
102Establishment of Tribunal
103Members, terms of office and allowances
104Secretary, officers and staff
105Jurisdiction of Tribunal
106Exclusion of jurisdiction of court
107Persons entitled to file a claim
108Claim to be in prescribed form
109Sittings of Tribunal
110Right to appear at hearings
111Proceedings to be public
112Negotiation for settlement
113Equal treatment of parties
114Determination of rules and procedure
115Hearings
116Appointment of expert by Tribunal
117Awards of the Tribunal
118References to a Judge of the High Court on a question of law
119Awards and settlement to be recorded in writing
120Decisions of Tribunal to be final
121(1) A party to the proceedings of the Tribunal may, upon notice to the other party and to the Tribunal, apply to the High Court challenging...
122Disposal of document, etc.
123Criminal penalty for failure to comply with award
124Regulations in respect of the Tribunal

Part X

125(1) The Commissioner may investigate the commission of any offence under this Act.
126(1) If it appears to a Magistrate, upon written information on oath from the Commissioner or authorized officer and after such inquiry as h...
127If the Commissioner or an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason...
128(1) The Commissioner or authorized officer conducting a search under section 126 or 127 shall be given access to computerized data whether...
129(1) Except as provided in subsection (2), where any book, register, document or other record is seized under this Part, the seizing officer...
130(1) If any book, register, document or other record has been seized under this Act, the Commissioner or authorized officer who effected the...
131(1) The Commissioner or authorized officer making an investigation under this Act or its subsidiary legislation may by Strata Management 12...
132Examination of person acquainted with case
133A person who—
134Requirement to provide translation
135(1) The Minister may, by regulations, prescribe any offence under this Act or its subsidiary legislation to be a compoundable offence.
136Prosecution
137Jurisdiction of the Magistrate’s Court
138Joinder of offences
139(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings under this Act shall be obliged or permi...
140If a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the commission of the offe...
141Continuing offences

XIMiscellaneous

142Evidential provisions
143(1) Notwithstanding any other written law—
144Service of notice or order
145Protection against suits and legal proceedings
146Public Authorities Protection Act 1948
147Public servant
148Non-application of other written laws, contracts and deeds
149(1) The provisions of this Act shall have effect notwithstanding any stipulation to the contrary in any agreement, contract or arrangement...
150(1) The Minister may, after consultation with the National Council for Local Government, make such regulations as may be expedient or neces...
151(1) The Minister may, after consultation with the National Council for Local Government, by order published in the Gazette, exempt any pers...
152(1) The Minister may from time to time, after consultation with the National Council for Local Government, by order published in the Gazett...
153Repeal

Schedules

First Schedule [Section 8] Formula for the Computation of the Allocated Share Units of Parcels in Relation to Building or Land Intended For...

Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of

47. Application

No plain-English summary for s 47 yet. See the rest of this law

Official textFrom Laws of Malaysia Online, unchanged

This Chapter shall apply to a development area specified in subsection 46(1) where no joint management body is established under subsection 17(1) for the development area.

joint management body

Defined · s 2

“joint management body” means the body established under section 17;

Open s 2

Terms defined in s 2

joint management body
Defined · s 2
“joint management body” means the body established under section 17;
Open s 2

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Chapter 6

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Part VI

Read on from Part VI

Part VII

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Part VIII

Insurances

Read on from Part VIII

Part IX

Disputes and Strata Management Tribunal

Read on from Part IX

Part X

Read on from Part X

Part XI

Miscellaneous

Read on from Part XI

Schedules

Details

Strata Management Act 2013 · s 47

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Laws of Malaysia Online · Strata Management Act 2013, Updated to 8 Feb 2013. Reader record updated on 2 Oct 2026.

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