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Section 21

Joint management body to establish maintenance account

of Strata Management Ordinance, 2019

State OrdinanceIn forceProvision 21 of 137
Section 21

—

(1)

A joint management body shall open, maintain, control and administer a maintenance account with a bank or financial institution for the purposes specified in subsection (3).

(2)

The maintenance account shall be administered and controlled by the joint management body and shall consist of—

(a)

all balances of monies in the maintenance account transferred by the developer to the joint management body under section 14 (1)(a);

(b)

all or any part of the maintenance charge imposed by or payable to the joint management body under this

Ordinance;

(c)

all monies derived from the lease, rent or use of any property which may be lawfully charged by the joint management body;

(d)

all other monies and property which may in any manner become payable to or vested in the joint management body in respect of any matter incidental to its functions and powers; and

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(e)

all other monies lawfully received by the joint management body, including interest, donation and trust.

(3)

Maintenance account referred to in subsection (1) shall be used solely for the purpose of meeting the actual or expected general or regular expenditure necessary in respect of the following matters;

(a)

maintaining the common property in good condition on a day-to-day basis;

(b)

paying for the expenses incurred in providing cleaning services for the common property, security services and amenities for the occupiers of the building;

(c)

paying any premium for the insurance effected under this Ordinance or any other insurance approved by a special resolution in a general meeting;

(d)

complying with any notice or order given or made by the local authority in respect of periodical inspection of any building in the development in the manner as specified in the

Buildings Ordinance, 1994 [Cap. 8];

(e)

minor painting works on the premises of the common property;

(f)

carrying out inspection of all electrical wiring systems of the common property and replacing or repairing any faulty wiring system, if any;

(g)

carrying out inspection, maintenance and repair of the main water tanks;

(h)

paying rent and rates, if any;

(i)

paying any fee incurred for the auditing of the accounts required to be maintained by the joint management body;

(j)

paying all charges reasonably incurred for the administration of the account required to be maintained by the

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joint management body as may be determined by the

Commissioner;

(k)

paying the remuneration or fees for the property manager or managing agent appointed under Part VI;

(l)

paying all the allowances and other expenses of the members of the joint management body and members of the joint management committee according to such rates as may be approved by the Commissioner;

(m)

paying any expenses, cost or expenditure in relation to the procurement of services, including the engagement of consultants, legal fees or costs, and other fees or costs, properly incurred or accepted by the joint management body in the performance of its functions and the exercise of its powers under this Ordinance; or

(n)

meeting other expenses of a general or regular nature relating to the maintenance and management of the buildings or lands intended for subdivision into parcels and the common property.