Developer to pay deposit to rectify defects on common property
(1) The developer of a building shall deposit in cash or bank guarantee with the Commissioner such sum as may be prescribed by the State Authority for the purpose of carrying out any work to rectify any defects in the common property of the development area after its completion.
(2) The deposit referred to in subsection (1) shall be paid to the Commissioner upon the handing over of vacant possession.
(3) The Commissioner may use the deposit for the purpose of carrying out any work which is necessary to rectify any defects in the common property of the development area.
(4) Where the Commissioner has determined that the deposit is insufficient for rectifying the defects to the common property, the Commissioner may direct the developer to deposit within fourteen days such further sums as the Commissioner may determine.
(5) Any unexpended deposit shall be refunded to the developer on the expiry of the defect liability period for the development area.
(6) Any developer who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
Recovery of charges by Joint Management Body
(1) Where maintenance charges become recoverable by the Body from a purchaser by virtue of section 23, the Body may serve on the purchaser a written notice requesting payment of the sum due within such period, which shall not be less than fourteen days from the date of service of the notice, as may be specified in the notice.
(2) If at the end of the period specified in the notice under subsection (1) the sum or part of the sum due remains unpaid, the Body may serve on the purchaser a further written notice demanding payment of the sum due within fourteen days from the date of service of the notice; and if upon the expiry of the said period, the sum due still remains unpaid, the Body may institute proceedings in any court of competent jurisdiction for the recovery of the said sum or, in addition or as an alternative to recovery under this section, resort to recovery under section
(3) Where a managing agent has been appointed by the Commissioner under section 25 to maintain and manage a development area, a notice sent by the managing agent shall be deemed to have been sent by the developer or Body.
Recovery of arrears of charges
33. (1) Where the amount of charges payable is in arrears for six months, the Commissioner may, at the request of the developer or Body, issue a warrant of attachment in Form B of the Second Schedule authorizing the attachment of any movable property belonging to the purchaser which may be found in the parcel or elsewhere within the local authority area.
(2) No warrant of attachment shall be issued by the Commissioner unless the Commissioner has served a notice in Form A of the Second Schedule on the purchaser or any one of the purchasers of the parcel, if more than one, requesting him to pay the arrears within fourteen days of the service by posting or delivery.
(3) The warrant shall be executed by an officer from the office of the Commissioner who shall make an inventory of the property attached and at the same time give notice in Form C of the Second Schedule to the person who at the time of attachment appears to be the person in possession of the property.
(4) Such officer may, in the daytime, effect forcible entry into any parcel or building or any part of the parcel or building for the purpose of effecting the attachment.
(5) Unless the arrears and the collection charges are paid within seven days of the attachment of the property, the property attached shall be sold by public auction.
(6) Where any amount is recovered by the Commissioner under this section, the Commissioner may deduct from such amount collection charges of such amount as may be prescribed by the Minister, with the concurrence of the State Authority.
(7) Any amount recovered by the Commissioner, after the deduction of the collection charges, shall be deposited into the Building Maintenance Fund as soon as practicable.
(8) Any surplus, after the deduction of any amount by the Commissioner under subsection (6), shall be paid to the person who, at the time of the attachment was or appeared to be in possession of the property.
Failure or refusal to pay charges
Any person who, without any reasonable excuse, fails or refuses to pay maintenance and management charges commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
