Section 32
Procedure on recovery of sums due
of Strata Management Ordinance, 2019
—
Where a sum becomes recoverable by the developer from the purchaser in respect of his parcel or by the joint management body from the parcel owner in respect of his parcel, the developer or joint management body may serve on the purchaser or the parcel owner, as the case may be, a written notice demanding payment of the sum due within the period as may be specified in the notice which shall not be less than fourteen days from the date of service of the notice.
(2)
If any sum remains unpaid by the purchaser or parcel owner at the end of the period specified in the notice under subsection (1), the developer or joint management body, as the case may be, may file claim in a court of competent jurisdiction or in the Tribunal for the recovery of the said sum or as an alternative to recovery under this section, resort to recovery under section 33.
(3)
Any purchaser or parcel owner who, without reasonable excuse, fails to comply with the notice referred to in subsection (1)
shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding five thousand ringgit or 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 fifty ringgit for every day or part thereof during which the offence continues after conviction.
(4)
All the monies, fees, contributions or other charges which may be lawfully claimed by the developer or joint management body under subsection (1) from any purchaser or parcel owner and until such monies, fees, contributions or other charge so paid, the said sum due to developer or joint management body the shall be a first charge on the parcel.
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