Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
50. Developer to establish maintenance account in the name of management corporation
Official textFrom Laws of Malaysia Online, unchanged
A developer shall open and maintain a maintenance account in respect of the development area in the name of the management corporation with a bank or financial institution—
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;
if vacant possession of a parcel was delivered before the commencement of this Act, on the date of the commencement of this Act;
if vacant possession of a parcel is delivered after the commencement of this Act and after the management corporation came into existence, at any time before the delivery of vacant possession; or
if vacant possession of a parcel is delivered after the commencement of this Act and before the management corporation comes into existence and if no joint management body is established under subsection 17(1), within fourteen days from the date the management corporation comes into existence, but in any case, before the Charges are collected from the proprietors of any parcel in the development area.
The maintenance account shall consist of—
all Charges paid by the proprietors to the management corporation;
all or any part of the Charges imposed by or payable to the management corporation under this Act;
all moneys derived from the sale, disposal, lease or hire of, or any other dealing with any property, mortgages, charges or debentures vested in or acquired by the management corporation;
all other moneys and property which may in any manner become payable to or vested in the management corporation in respect of any matter incidental to its functions and powers; and
all other moneys lawfully received by the management corporation, including interest, donation and trust.
Strata Management 65
The maintenance account shall be used solely for the purpose of meeting the actual or expected general or regular expenditure necessary in respect of the following matters:
maintaining the common property in good condition on a day-to-day basis;
paying for the expenses incurred in providing cleaning services for the common property, security services and amenities for the occupiers of the building;
paying any premiums for the insurance effected under this Act or any other insurance approved by a special resolution in a general meeting;
complying with any notice or order given or made by the local authority in respect of periodical inspection of any building in the development area in the manner as specified in the Street, Drainage and Building Act 1974;
minor painting on the premises of the common property;
carrying out inspection of all electrical wiring systems of the common property and replacing or repairing any faulty wiring system, if any;
carrying out inspection, maintenance and repair of the main water tanks;
paying rent and rates, if any;
paying any fee incurred for the auditing of the accounts required to be maintained by the management corporation under this Act;
paying all charges reasonably incurred for the administration of the accounts required to be maintained by the management corporation under this Act as may be determined by the Commissioner;
paying the remuneration or fees for the managing agent appointed under Part VI;
paying for the allowances and other expenses of the members of the management committee according to such rates as may be approved by the Commissioner;
paying any expenses, costs or expenditure in relation to the procurement of services, including the engagement of consultants, legal fees or costs and other fees and costs, properly incurred or accepted by the management corporation in the performance of its functions and the exercise of its power under this Act; or
meeting other expenses of a general or regular nature relating to the maintenance and management of the building or land intended for subdivision into parcels and the common property.
Any developer 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
bank or financial institution
Defined · s 2“bank or financial institution” means a bank or financial institution licensed under the Banking and Financial Institutions Act 1989 or the Islamic Banking Act 1983, or regulated by the Central Bank under any written law;
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;
Charges
Defined · s 2“Charges” means any money collected to be deposited into the maintenance account;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Buildings appointed under subsection 4(1), and includes any Deputy Commissioner and other officers appointed under subsection 4(1) to exercise the powers or perform the duties imposed on the Commissioner;
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;
management committee
Defined · s 2“management committee”, in relation to a management corporation, means the committee of the management corporation elected under section 56;
management corporation
Defined · s 2“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
managing agent
Defined · s 2“managing agent” means a person who is appointed by the Commissioner under section 86;
special resolution
Defined · s 2“special resolution” means a resolution which is passed at a duly convened general meeting of which at least twenty-one days’ notice specifying the proposed resolution has been given, and carried by a majority consisting of not less than three-quarters of the valid votes cast at the general meeting by a show of hands, or if a poll is demanded and taken, by a majority consisting of not less than three-quarters in number of the valid votes cast on such poll;
Chapter 6
Part VI
Part VII
Part VIII
Insurances
Part IX
Disputes and Strata Management Tribunal
Part X
Part XI