Malaysia legislation
Section 48
Section 48
(2)
Where the management corporation performs any repair, work or act that is required or authorized by or under this
Part or under any written law to perform, whether or not repair, work or act was performed consequent upon any notice or order issued by the Commissioner but the repair, work or act was wholly or substantially the liability or the responsibility of the subsidiary proprietor of a parcel only, or wholly or substantially for the benefit of some of the parcels only, any money expended by the management corporation in performing the repair, work or act shall—
(a)
in the case where the repair, work or act was wholly substantially the liability or the responsibility of the subsidiary proprietor of a parcel only, be recoverable by the management corporation in an action before the Tribunal or in a court of competent jurisdiction as a debt due to it jointly and severally from—
(i)
the relevant subsidiary proprietor of the parcel at the time when the repair, work or act was performed;
and
(ii)
the relevant subsidiary proprietor of the parcel at the time when the action was commenced; or
(b)
in the case where the repair, work or act was wholly or substantially the liability or the responsibility of the
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subsidiary proprietor of a parcel or wholly or substantially for the benefit of some of the parcels, be recoverable by the management corporation in an action in a court of competent jurisdiction or before the Tribunal as a debt due to it jointly and severally from—
(i)
the relevant subsidiary proprietor of each of such parcels at the time when the repair, work or act was performed; and
(ii)
the relevant subsidiary proprietor of each of such parcels at the time when the action was commenced.
(3)
The amount payable by any subsidiary proprietor and former subsidiary proprietor under subsection (2) in respect of any parcel shall not exceed the amount in proportion of the parcel’s share units to the total share units of the affected parcels.
(4)
A subsidiary proprietor of a parcel who is not the subsidiary proprietor of the parcel at the time when the repair, work or act referred to in subsection (2) was performed shall not be liable to pay the management corporation any amount due under that subsection if he has, at any time on or within twenty one days before the date he acquired the title or interest in the parcel, made a requisition in writing to the management corporation to inquire about the amount, if any, recoverable by the management corporation under that subsection in respect of the parcel, and the management corporation has—
(a)
certified that no amount is recoverable by the management corporation in respect of the parcel; or
(b)
not given a reply to the requisition at any time within fourteen days of the date of the service of the requisition.
(5)
Where—
(a)
the management corporation incurs any expenditure or performs any repair, work or act that it is required or authorized by or under this Part or under any other written law to perform, irrespective of whether or not the expenditure was incurred or the repair, work or act was performed consequent
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upon the service on it of any notice or order by any local authority; and
(b)
the expenditure or the repair, work or act referred to in paragraph (a) was rendered necessary by reason or any willful or negligent act or omission on the part of, or breach of any provision of its by-laws by, any person or his tenant, lessee, licensee or invitee, the amount of the expenditure of any money expended by the management corporation in performing the repair, work or act shall be recoverable by it from that person as a debt in an action in any court of competent jurisdiction or before the Tribunal.
(6)
The provisions of this section shall not be prejudiced by any other provision in this Part conferring a power or imposing a duty on the management corporation.
Maintenance account of the management corporation