Section 38
Duties and powers of developer to manage and maintain
of Strata Management Ordinance, 2019
—
(1)
A developer shall, during the preliminary management period and subject to the provisions of this
Ordinance, be responsible to manage and maintain the subdivided building or land, and the common property.
(2)
The developer shall exercise the powers and perform the duties of the management committee of the management corporation from the time the management corporation comes into existence until the expiry of the preliminary management period.
(3)
During the preliminary management period, the developer shall ensure that a separate and distinct area is set aside out of the common property of the development for the purpose of
53
an administration office or any other facilities as may be decided by the Commissioner if so required subject to further approval by competent planning authority to meet the planning requirement to carry out the duties of the developer under this Ordinance.
(4)
Any developer who fails to comply with subsection (1)
or (3) shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.