Strata Management Act 2013 · Updated to 8 Feb 2013 · Part V · Strata Management After Existence of
55. Handing over of control to management corporation
Official textFrom Laws of Malaysia Online, unchanged
A developer shall, not later than the date of the expiry of the preliminary management period—
transfer the control of all balances of moneys in the maintenance account and in the sinking fund account to the management committee of the management corporation; and
hand over to the management committee of the management corporation—
the administration office set up by the developer under subsection 48(3);
the audited accounts of the maintenance account and the sinking fund account or, if such accounts have not been audited, the unaudited accounts;
Strata Management 71
all the assets of the management corporation;
and
all records related to and necessary for the maintenance and management of the subdivided building or land and the common property of the development area.
If only unaudited accounts have been handed over under subparagraph (1)(b)(ii), the developer shall hand over to the management committee of the management corporation the audited accounts up to the date of transfer of control of all balances of moneys in the maintenance account and sinking fund account not later than three months after the expiry of the preliminary management period.
management committee
“management committee”, in relation to a management corporation, means the committee of the management corporation elected under section 56;
Without prejudice to the generality of subparagraph (1)(b)(iv), the developer shall deliver to the management committee of the management corporation copies of all the following documents:
management corporation
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
all approved plans for the subdivided buildings or land relating to the development area;
any document in the developer’s possession that indicates, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on an approved plan or an approved amended plan;
all contracts entered into by the developer in respect of the maintenance or management of any subdivided building or land and the common property comprised in the development area;
a copy of the schedule of parcels or the amended schedule of parcels filed with the Commissioner under subsection 6(1) or (2), if applicable, or the certified strata plan filed by the Director of Survey under the provisions of the Strata Titles Act 1985;
the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development area during construction of any subdivided building or land and the common property comprised in the development area; and
all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information in respect of the construction, installation, operation, maintenance, repair and servicing of any common property, including any warranty or information provided to the developer by any person referred to in paragraph (e).
Any developer who fails to comply with subsection (1),
or (3) 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 and, in the case of a continuing offence, to a further fine not exceeding five thousand ringgit for every day or part thereof during which the offence continues after conviction.
Management after first annual general meeting of the management corporation
Management committee
Terms defined in s 2
certified strata plan
Defined · s 2“certified strata plan” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
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;
Director
Defined · s 2“Director” has the meaning assigned to it in section 4 of the Strata Titles Act 1985;
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;
sinking fund account
Defined · s 2“sinking fund account” means an account required to be opened and maintained by a developer, joint management body, management corporation or subsidiary management corporation under section 11, 24, 51, 61 or 67, as the case may be;
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