Section 45
Handing over of control to management corporation
of Strata Management Ordinance, 2019
—
A developer shall, not later than the date of the expiry of the preliminary management period—
(a)
transfer the control of all balances of monies in the maintenance account and in the sinking fund account to the management committee of the management corporation; and
(b)
hand over to the management committee of the management corporation—
(i)
the administration office set up by the developer under section 38(3);
(ii)
the audited accounts of the maintenance account and the sinking fund account or, if such accounts have not been audited, the unaudited accounts;
(iii)
all the assets of the management corporation;
and
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(iv)
all records related to and necessary for the management and maintenance of the subdivided building or land and the common property of the development.
(2)
If only unaudited accounts have been handed over under subsection (1)(b)(ii), the developer shall hand over to the management committee of the management corporation the audited accounts up to the date of transfer of control of all balances of monies in the maintenance account and sinking fund account not later than three months after the expiry of the preliminary management period.
(3)
Without prejudice the generality of subsection
(1)
(iv), the developer shall deliver to the management committee of the management corporation copies of all the following documents:
(a)
all approved plans for the subdivided building or land relating to the development;
(b)
any document in the developer’s possession that indicates, as far as practicable, the actual location of any pipe, wire, cable, chute duct or other facility for the passage or provisions of systems or services, if the developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on an approved plan or an approved amended plan;
(c)
all contracts entered into by the developer in respect of the management and maintenance of any subdivided building or land and the common property comprised in the development;
(d)
a copy of the strata subdivision plan or the amended strata subdivision plan filed with the Commissioner under section 5(1) or (2), if applicable, or the certified strata plan filed by the Superintendent under the provisions of the Strata
(Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019];
(e)
the names and addresses of such contractors, subcontractors and person who supplied labour or materials to the development during construction of any subdivided building or land and the common property comprised in the development; and
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(f)
all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information in respect of the construction, installation, operation, maintenance, repair and servicing of any common property, including any warranty or information provided to the developer by any person referred to in subsection (e).
(4)
Any developer 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 and, in the case of a continuing offence, to a further fine not exceeding five thousand ringgit for every day or part thereof during which the offence continues after conviction.