Section 43
Prohibition on collection of monies for maintenance from subsidiary proprietors
of Strata Management Ordinance, 2019
—
No person shall at any time collect any maintenance charges, or contribution to the sinking fund, from any subsidiary proprietor for the management and maintenance of any subdivided building or land and the common property unless—
(a)
a maintenance account and a sinking fund account have been opened in the name of the management corporation; and
(b)
vacant possession has been delivered to the subsidiary proprietor.
(2)
Notwithstanding subsection (1), any developer of a development which has been completed on or before the
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commencement of this Ordinance and has, immediately before that date, been collecting monies from the subsidiary proprietors for the management and maintenance of any subdivided building or land and the common property comprised in the development, may continue to do so until the expiry of the preliminary management period, provided that all monies collected shall be dealt with by the developer in accordance with this Ordinance.
(3)
Any person who fails to comply with the provisions of this section 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.