Section 40 — STRATA MANAGEMENT ORDINANCE, 2019

(a)

if vacant possession of a parcel has been delivered before the commencement of this Ordinance, fourteen days from the date of the commencement of this Ordinance; or

(b)

if vacant possession of a parcel has been delivered after the commencement of this Ordinance and after the management corporation came into existence, at any time before the delivery of vacant possession; or

(c)

if vacant possession of a parcel has been delivered after the commencement of this Ordinance and before the management corporation comes into existence and if no joint management body is established under section 16(1), within fourteen days from the date the management corporation comes into existence, but in any case, before the maintenance charges are collected from the subsidiary proprietors of any parcel in the development.

(2)

The maintenance account shall consist of—

(a)

all maintenance charges paid by the subsidiary proprietors to the management corporation;

(b)

all or any part of the maintenance charges imposed by or payable to the management corporation under this

Ordinance;

(c)

all monies derived from the sale, disposal, lease or hire of, or any other dealing with any property, mortgages, charges or debentures vested in or acquired by the management corporation;

(d)

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

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(e)

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

(3)

The maintenance account 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 premiums 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 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 management corporation under this Ordinance;

(j)

paying all charges reasonably incurred for the administration of the accounts required to be maintained by the management corporation under this Ordinance as may be determined by the Commissioner;

(k)

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

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(l)

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

(m)

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

(n)

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

(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.

Developer to establish sinking fund account in the name of management corporation