Malaysia legislation

Section 62

of STRATA MANAGEMENT ACT 2013

Section 62

(a)

cause to be prepared such accounts and records of accounts as will sufficiently explain the transactions of the accounts and enable true and fair balance sheet, income and expenditure statement and profit and loss statement to be prepared for the period starting from commencement of the preliminary management period;

(b)

appoint an approved company auditor to carry out the audit of the accounts annually;

(c)

file with the Commissioner a certified true copy of the audited accounts together with the auditor’s report within fourteen days of the accounts being audited; and

(d)

permit the Commissioner or any person authorized by the Commissioner in writing to act on its behalf full and free access to the accounts and records of accounts and to make copies or extracts of those accounts and records of accounts.

(2)

Notwithstanding subsection (1), the Commissioner shall have the right to appoint an approved company auditor to investigate the accounts and records of accounts specified in subsection (1), and the management corporation shall pay all the expenses incurred for that purpose.

Strata Management 81

(3)

The management corporation shall furnish to the Commissioner or any public authority such returns, reports, accounts and information with respect to its activities and finances, as the

Commissioner may, from time to time, require or direct.

(4)

The returns, reports, accounts and information referred to in subsection (3) shall be in such form as the Commissioner may, from time to time, specify.

(5)

If the management corporation fails to comply with subsection (1), (2), (3) or (4), every member of the management committee 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.

(6)

In proceedings against a member of the management committee for an offence under subsection (5), it is a defence if the member proves that—

(a)

the offence was committed without his knowledge, consent or connivance; and

(b)

he had taken all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

Subsidiary management corporation and limited common property

Administration of the subsidiary management corporation

Section 62 — STRATA MANAGEMENT ACT 2013 | mylaw.my