Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
52. Proprietors to pay Charges, and contribution to the sinking fund
Official textFrom Laws of Malaysia Online, unchanged
Each proprietor shall pay the Charges, and contribution to the sinking fund, to the management corporation for the maintenance and management of the subdivided building or land and the common property in a development area.
proprietor
“proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
During the preliminary management period, the amount of the Charges to be paid under subsection (1) shall be determined by the developer in proportion to the share units assigned to each parcel.
Charges
“Charges” means any money collected to be deposited into the maintenance account;
The amount of the contribution to the sinking fund to be paid under subsection (1) shall be a sum equivalent to ten per cent of the Charges.
The proprietor shall, within fourteen days of receiving a notice from developer, pay the Charges, and contribution to the sinking fund, to the management corporation and if any sum remains unpaid by the proprietor at the expiry of the period of fourteen days, the developer may in the name of the management corporation recover the sum in the manner set out in section 78.
management corporation
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
If any sum remains unpaid by the proprietor at the expiry of the period of fourteen days specified in subsection (4), the proprietor shall pay interest at the rate of ten per cent per annum on a daily basis.
Any proprietor who is not satisfied with the sums determined by the developer under subsection (2) or (3) may apply to the
Commissioner for a review and the Commissioner may—
Commissioner
“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;
determine the sum to be paid as the Charges, or contribution to the sinking fund; or
instruct the developer to appoint, at the developer’s own cost and expense, a registered property manager to recommend the sum payable as Charges, or contribution to the sinking fund, and submit a copy of the registered property manager’s report to the Commissioner.
Upon receiving the report under paragraph (6)(b), the
Commissioner shall determine the sum payable as he thinks just and reasonable, and any sum so determined by the Commissioner shall be deemed to be the sum payable as the Charges, or contribution to the sinking fund.
For the purposes of this section, “proprietor” includes—
the person for the time being receiving the rent of the parcel, whether as an agent or a trustee or a receiver, and who would receive the same if the parcel were let to a tenant;
a purchaser to be duly registered as a proprietor; or
a developer in respect of those parcels in the development area which have not been sold.
Terms defined in s 2
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;
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;
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);
registered property manager
Defined · s 2“registered property manager” means a property manager registered under the Valuers, Appraisers and Estate Agents Act 1981;
share units
Defined · s 2“share units” 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