In forceUpdated to 8 Feb 2013Read it in Bahasa Malaysia

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Strata Management Act 2013 · Updated to 8 Feb 2013 · Part VI

89. Powers and duties of managing agent

(1)

Where a managing agent has been appointed under subsection 86(1), the managing agent shall have control over the moneys in the maintenance account and the sinking fund account.

(2)

Subject to the general directions of the Commissioner, the managing agent appointed shall perform the duties and exercise the powers with regard to the maintenance and management of the building as if he were acting as the developer, joint management body, management corporation or subsidiary management corporation, as the case may be.

Strata Management 101

(3)

It shall be the duty of the managing agent to pay all moneys received by him in his capacity as managing agent into the accounts specified in subsection (1) of that development area within three working days of receiving the moneys.

(4)

As soon as practicable after his appointment, but in any case not more than one month after his appointment, a managing agent shall prepare and submit to the Commissioner a statement showing as at the date of his appointment—

(a)

the moneys standing to the credit of the maintenance account or the sinking fund account;

(b)

the amounts due and owing by the parcel owners or proprietors which are to be deposited into the maintenance account or the sinking fund account;

(c)

any income derived from the common property or the proposed limited common property of the development area, which is to be deposited into the maintenance account or the sinking fund account; and

(d)

any sum incurred for the maintenance and management of any building or land, which is authorized to be paid out of the maintenance account or the sinking fund account, and which remains unpaid.

(5)

Any managing agent who fails to comply with subsection

(3)

or (4) 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.

Terms defined in s 2

building
Defined · s 2
“building” includes part of a building;
Open s 2
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;
Open s 2
joint management body
Defined · s 2
“joint management body” means the body established under section 17;
Open s 2
limited common property
Defined · s 2
“limited common property” means such part of the common property in a lot— (a) that is designated in a comprehensive resolution referred to in section 17a of the Strata Titles Act 1985 for the exclusive benefit of the proprietors of two or more, but not all, parcels; and (b) for which a certificate has been issued by the Director certifying that the subsidiary management corporation has been constituted under the Strata Titles Act 1985;
Open s 2
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;
Open s 2
management corporation
Defined · s 2
“management corporation” means the management corporation which comes into existence under the Strata Titles Act 1985;
Open s 2
managing agent
Defined · s 2
“managing agent” means a person who is appointed by the Commissioner under section 86;
Open s 2
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;
Open s 2
subsidiary management corporation
Defined · s 2
“subsidiary management corporation” means the subsidiary management corporation which is created under the Strata Titles Act 1985;
Open s 2

Report

Read on from s 90

Part VII

Read on from Part VII

Part VIII

Insurances

Read on from Part VIII

Part IX

Disputes and Strata Management Tribunal

Read on from Part IX

Part X

Read on from Part X

Part XI

Miscellaneous

Read on from Part XI