Duty of Body to inform Commissioner of name of Body
The Body shall inform and register with the Commissioner the name of the Body within twenty-eight days of the first meeting.
The Commissioner may, upon an application by the Body, issue a certificate certifying that the Body has been duly constituted under this Act on the day specified in the certificate.
The constitution of the Body under this Act shall not be affected in the event the first meeting is subsequently invalidated, the provision of subsection 6(1) is not complied with or a situation under subsection 6(7) occurs.
Duties and powers of Joint Management Body
(1) The duties of the Body include the following:
(a) to properly maintain the common property and keep it in a state of good and serviceable repair;
(b) to determine and impose charges that are necessary for the repair and proper maintenance of the common property;
© to insure and keep insured the building to the replacement value of the building against fire and such other risks as may be determined by the Body;
(d) to apply insurance moneys received by the Body in respect of damage to the building for the rebuilding and reinstatement of that building;
(e) to comply with any notices or orders given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the property.
(f) to prepare and maintain a register of all purchasers of the building;
(g) to ensure that the Building Maintenance Fund is audited and to provide audited financial statements for the information to the purchasers;
(h) to enforce house rules for the proper maintenance and management of the building; and
(I) to do such things as may be expedient or necessary for the proper maintenance and management of the building.
The powers of the Body shall include the following:
(a) to collect from purchasers maintenance and management charges in proportion to the allocated share units of their respective parcels;
(b) to authorize expenditure for the carrying out of the maintenance and management of the common property;
© to recover from any purchaser any sum expended by the Body in respect of that parcel in complying with any such notices or orders as are referred to under paragraph (1)(e);
(d) to purchase, hire or otherwise acquire movable or immovable property for use by the purchasers in connection with their enjoyment of the common property;
(e) to arrange and secure the services of any person or agent to undertake the maintenance and management of the common property of the building;
(f) to make house rules for the proper maintenance and management of the building; and
(g) to do all things reasonably necessary for the performance of its duties under this Act.
Recovery of arrears of charges
Where the amount of charges payable is in arrears for six months, the Commissioner may, at the request of the developers 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.
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.
The warrant shall be executed by an officer from the office of the Commissioner who shall be 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.
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.
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.
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.
Any amount received by the Commissioner, after deduction of the collection charges, shall be deposited into the Building Maintenance Fund as soon as practicable.
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.
The Commissioner or any authorized person may, at all reasonable times, after notice has been given, enter, any building, land or premises for the purpose of—
(a) carrying out an inspection or investigation to determine whether any offence under this Act has been committed and may seize under this Act any books, accounts or documents; and
(b) executing any work required to be executed by the local authority in respect of which a notice has been issued under this Act and there has been a default in complying with that notice.
No building or premises which are not vacant shall be entered under this section unless the occupier or a representative of the occupier is present during the entry.
No private dwelling shall be entered by virtue of this section except with the consent of the purchaser or after giving twenty-four hours notice to the occupier.
Notwithstanding subsections (1), (2) and (3), the Commissioner or any authorized person may, at all reasonable times, enter any building, land or premises for the purpose of executing any urgent repair or work to the building, land or premises.
Any person who assaults, obstructs, hinders or delays the Commissioner or any authorized person in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding one month or to both.
For the purposes of this section and section 39, “authorized person” means any person authorized in writing by the Commissioner.
Public Authorities Protection Act 1948 (Maintenance and Management) Act 2007 Act 663
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commissioner or against any officer or agent of the Commissioner in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.
