Section 42
Subsidiary proprietors to pay maintenance charge, and contribution to the sinking fund
of Strata Management Ordinance, 2019
—
Each subsidiary proprietor shall pay the maintenance charge, and contribution to the sinking fund, to the management corporation for the management and maintenance of the subdivided building or land and the common property in a development.
(2)
During the preliminary management period, the amount of the maintenance charge to be paid under subsection (1) shall be determined by the developer in proportion to the share units assigned to each parcel or the proposed quantum of provisional share units for each provisional block and any amount so determined shall be fair and reasonable in meeting the expected and estimated expenditure to properly maintain and manage the building and the common property.
(3)
The amount of the contribution to the sinking fund to be paid under subsection (1) shall be a sum equivalent to ten percent of the maintenance charge.
(4)
The subsidiary proprietor shall, within fourteen days of receiving a notice from the developer, pay the maintenance charge, and contribution to the sinking fund, to the management corporation and if any sum remains unpaid by the subsidiary proprietor at the expiry of the period of fourteen days, the developer may in the name of the management corporation recover the sum in the manner set out in section 71.
(5)
If any sum remains unpaid by the subsidiary proprietor at the expiry of the period of fourteen days specified in subsection
(4)
, the subsidiary proprietor shall pay interest at the rate of ten percent per annum on a daily basis.
(6)
Any subsidiary proprietor who is not satisfied with the sums determined by the developer under subsection (2) or (3) may
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apply to the Commissioner for a review and the Commissioner may—
(a)
determine the sum to be paid as the maintenance charge, or contribution to the sinking fund; or
(b)
instruct the developer to appoint, at the developer’s own cost and expense, a property manager to recommend the sum payable as maintenance charge, or contribution to the sinking fund, and submit a copy of the property manager’s report to the Commissioner.
(7)
Upon receiving the report under subsection (6)(b), the
Commissioner shall determine the sum payable as he thinks just and reasonable, and any sum so determined by the Commissioner shall be deemed to be the sum payable as the maintenance charge, or contribution to the sinking fund.
(8)
For the purpose of this part, “subsidiary proprietor”
includes—
(a)
the person for the time being receiving the rent of the parcel, whether as agent or a trustee or a receiver, and who would receive the same if the parcel were let to tenant;
(b)
a purchaser to be duly registered as a subsidiary proprietor; or
(c)
a developer in respect of those parcels in the development which have not been sold.