Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
49. Restrictions during preliminary management period
Official textFrom Laws of Malaysia Online, unchanged
Notwithstanding any other provisions of this Act, the developer shall not, during the preliminary management period—
borrow moneys or give securities; or
enter into any contract relating to the maintenance and management of any subdivided building or land and the common property in the development area for any period extending beyond the expiration of the preliminary management period.
Without prejudice to any other remedy available against the developer, if any developer fails to comply with subsection (1), the developer shall be liable for any loss or damage suffered by the management corporation or any proprietor as a result of the contravention, and the management corporation or any proprietor may recover from the developer, as damages for breach of a statutory duty, any loss suffered by it or him in consequence of such contravention.
management corporation
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
Any developer who fails to comply with subsection (1)
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
management corporation
Defined · s 2“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
proprietor
Defined · s 2“proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
subdivided building or land
Defined · s 2“subdivided building or land” means a building or land as subdivided under the Strata Titles Act 1985;
Chapter 6
Part VI
Part VII
Part VIII
Insurances
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI