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49. Rating.
(1) The management corporation shall -
(a) within one month after its establishment,
or within such further period as the rating authority may allow, supply the
rating authority with two copies of the certified strata plan in respect of
the subdivided building or land and with the
names and addresses of the members of the council of the corporation; and
(b) keep the rating authority informed of any changes in
the plan, names and addresses supplied under paragraph (a).
(2) Where a rate is levied on the common property, the management
corporation shall be liable to pay the rate.
(3) For the purposes of this section the words "the rating
authority" shall mean in relation to a subdivided building
or land any authority authorised by law to levy
rates.
50. Commissioner may
appoint managing agent to exercise or perform certain powers, etc.
(1) The Commissioner may, upon
complaints by a proprietor or any other person or body having a registered interest
in a parcel that the management corporation has not functioned satisfactorily,
if satisfied that it is in the interests of the parcel proprietors in the subdivided
building or land concerned, appoint a managing
agent to exercise the powers and discharge the duties and functions of the management
corporation.
(2) Where the Commissioner makes
the appointment under subsection (1), he may also specify that the managing
agent shall have and may exercise and discharge -
(a) all the powers, duties and functions of the management
corporation for the subdivided building or land
to which the appointment relates or of the council of that management
corporation;
(b) any one or more of those powers, duties or functions
specified in the appointment; or
(c) all of those powers, duties and functions except those
specified in the appointment.
(3) The expenses incurred by the managing agent shall be charged
on the management fund of the management corporation.
51. Appointment of administrator for management corporation.
(1) A court of competent jurisdiction on the application of
the management corporation, a proprietor or any other person or body having
a registered interest in a parcel may, appoint an administrator for the management
corporation for a fixed or indefinite period and on such terms and conditions
as to remuneration or otherwise as the court thinks fit.
(2) The remuneration and expenses of the administrator shall
be charged on the management fund of the management corporation.
(3) The administrator shall, to the exclusion of the management
corporation, have the power and perform the duties of the management corporation,
or such of them as the court may direct:
Provided that this subsection shall not preclude the management
corporation from applying under subsection (5) for the removal or replacement
of the administrator.
(4) An administrator when appointed shall forthwith lodge
with the Registrar an office copy of the order of court making his appointment.
(5) The court may, on the application of the management corporation
or any person or body entitled to apply under subsection (1), remove or replace
the administrator.
(6) Where an order of the court for removal or replacement
of an administrator has been granted to any person, such person shall forthwith
lodge with the Registrar, an office copy of such order.
(7) On any application made under this section the court may
make such order for the payment of costs as it thinks fit.
52. The recovery of sum as debt due to management corporation.
(1) The payment of any amount lawfully incurred by the management
corporation in the course of the exercise of any of its powers or functions
or carrying out of its duties or obligations shall by virtue of this section
be guaranteed by the proprietors for the time being constituting the management
corporation, each proprietor being liable under such guarantee only for such
proportion of the money so incurred as the share units of his parcel or the
provisional share units of his provisional block bear to the aggregate share
units.
(2) Where any proprietor has not discharged or fully discharged
his liability for the purpose of subsection (1), the management corporation
shall be entitled to recover from the proprietor in any court of competent jurisdiction
as a debt due to it.
(3) Where for reasons of insufficiency of fund to meet the
sum guaranteed under subsection (1), the management corporation may at an annual
general meeting or at an extraordinary general meeting determine the amount
to be contributed by each proprietor and decide any other issue or matter relating
to the settlement of the said sum.
53.
Recovery of sums due.
(1) Where a sum becomes recoverable by the management corporation
from a proprietor by virtue of paragraph (a) of subsection (2) of section 43,
subsection (5) or (5A) of section 45 and subsection (2) of section 52, the management
corporation may serve on the proprietor a written notice requesting payment
of the sum due within such period, which shall not be less than two weeks 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 management
corporation may serve on the proprietor a written notice demanding payment of
the sum due within two weeks from the date of service of the notice; and if
upon expiry of the said period, the sum due still remains unpaid, the management
corporation may file a summons 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 53A.
53A. Recovery of sums by attachment of movable property.
(1) In the like circumstances in which the management corporation
may, by virtue of subsection (2) of section 53, file a summons for the recovery
of a sum which becomes recoverable as mentioned in subsection (1) of that section,
the Land Administrator may, upon sworn application in writing made by any member
of the council of the management corporation, issue a warrant of attachment
in Form 7A authorising the attachment of any movable property belonging to the
defaulting proprietor which may be found in the building or elsewhere in the
State.
(2) The warrant shall be executed by a member of the council
of the management corporation or by a person specially employed by the council
to execute such warrants; and a person executing the warrant shall be deemed
to be a public servant for the purposes of the Penal Code.
(2A) If the management corporation encounters difficulties
in executing the warrant, it may seek the assistance of the
Commissioner and in providing such assistance,
the Commissioner may request for the assistance
of a police officer not below the rank of Inspector.
(3) A person executing the warrant-
(a) may, in the daytime, effect forcible entry into any
house or building or any part thereof for the purpose of executing the warrant;
and
(b) shall, immediately after attachment, make an inventory
of the property attached under the warrant and serve a notice in Form 7B on
the person who, at the time of attachment, was or appeared to be in possession
of the property.
(3A) Any tenant, sub-tenant, or occupier who, in order to
avoid the attachment or sale of the movable property for non-payment of any
sum due to the management corporation by the parcel proprietor, pays such sum
may thereafter, in the absence of any written agreement to the contrary, deduct
the amount so paid by him from the rent due or to become due by him to the parcel
proprietor, and may retain possession until such amount has been fully reimbursed
to him whether by deduction from the rent or otherwise.
(3B) The receipt issued by the management corporation for
any amount so paid by any such tenant, sub-tenant or occupier shall be deemed
an acquittance in full for the like amount of rent.
(4) If any person whose property is attached disputes the
legality of the attachment, he may, within fourteen days of the date of attachment,
apply to the Magistrate's Court having jurisdiction in the place of attachment
for an order for the release of the property, and the Magistrate's Court, after
making such enquiry as may be necessary, shall grant or refuse to grant the
order.
(5) If the sum due is not paid within fourteen days from the
date of attachment, the property attached or such portion thereof as may be
sufficient to realise the sum shall be sold by public auction, unless within
that period an application is made under subsection (4), in which case the property
shall be held pending the decision of the Magistrate's Court and shall then
be dealt with as the Magistrate's Court may order.
(6) If the Magistrate's Court refuses to grant an order for
the release of the property, and that decision of the Magistrate's Court is
reached within fourteen days from the date of attachment, the property shall
not be sold before the expiry of that period.
(7) Notwithstanding subsections (5) and (6), if the property
is of a perishable nature, it may be sold at once, and in that case the proceeds
of sale shall be held pending the decision of the Magistrate's Court and shall
then be dealt with as the Magistrate's Court may order.
(8) In any other case, the proceeds of sale shall be applied
in satisfaction of the sum due together with the costs of the attachment and
sale, and any surplus and any property not sold shall be paid or returned to
the person who, at the time of attachment, was or appeared to be in possession
of the property.
(9) The costs of attachment shall include the expenses of
the maintenance of livestock and the custody of movable property.
(10) In this section, unless the context otherwise requires,
"proprietor", in relation to the recovery of a sum recoverable by virtue of
subsection (5) or (5A) of section 45 from a parcel proprietor, includes any
successor in title to the parcel proprietor.
(11) Where any property is sold by virtue of subsection (7)
before the expiry of fourteen days from the date of attachment, the reference
in subsection (4) to an order for the release of the property shall be construed
as a reference to an order for the release of the proceeds of the sale of the
property.
54.
Service of documents.
(1) The management corporation shall at the main entrance
to the lot-
(a) cause to be continuously displayed a notice showing
the name of the management corporation and the address for service of documents
as shown in the book of the strata register; and
(b) cause to be continuously available a receptacle suitable
for purposes of postal delivery with the name of the management corporation
clearly shown thereon, where the address for service of documents shown in
the book of the strata register is the postal address of a building erected
within the lot.
(2) Where the address for service of documents is altered
the management corporation shall forthwith notify the Registrar and the Director
of the alteration, and the Registrar shall make the appropriate endorsement
in the book of the strata register.
(3) A document may be served on the management corporation
by sending it by pre-paid registered post addressed to the management corporation
at the address shown on the book of the strata register.
(4) The provisions of section 431 of the National Land Code
relating to the methods of service shall apply to this section.
(5) For the purposes of this section the word "documents"
shall include summons, notice, order and other legal process.
55. Breaches of provisions of this part.
(1) If the management corporation commits a breach of any
of the provisions of this Part or makes default in complying with any requirements
of or duties imposed on it by any of the provisions of this Part, the management
corporation and every member of its council, and any other proprietor, who knowingly
is a party to the breach or default shall be guilty of an offence and shall
be liable, on conviction to a penalty expressly prescribed for such breach or
default, or if no penalty is so prescribed, to a fine not exceeding
ten thousand ringgit.
(2) Where a requirement or duty is imposed on the management
corporation by this Part, any person for whose benefit, or the benefit of whose
parcel that requirement or duty is imposed on the management corporation, may
apply to a court of competent jurisdiction for an order compelling the management
corporation to carry out that requirement or perform that duty, as the case
may be, and on such an application being made, the court may make such order
as it thinks proper.
55A. Failure to pay contributions.
Where any proprietor has failed to pay the contribution demanded
by the management corporation in the manner set out in section 53, the proprietor
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding five thousand ringgit and to a further fine not exceeding fifty ringgit
for every day during which the contribution remains unpaid after conviction.
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