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(5) A managing agent who contravenes subsection (3) or (4)commits an offence and shall, onconviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for aterm not exceeding two years or to both.29. Developer not to be relieved of his obligations to carry out repairs,etc.The appointment of a managing agent shall not relieve the developer of his obligation-(a) towards the purchasers in his development area to carry out repairs to the commonproperty, to make good any defect, shrinkage or other faults in the common property duringthe defects liability period; and(b) to carry out repairs and varied and additional works to ensure that the development isconstructed in accordance with the specifications and plans approved by the competentauthority.30. Termination of management agreement.(1) Upon the termination of a management agreement entered into under subsection 25(2), themanaging agent shall-(a) not later than one month from such termination, prepare and submit to the Commissionerthe unaudited accounts of the Building Maintenance Account or Building Maintenance Fund,as the case may be, and hand over to the Commissioner a complete list of the assets andliabilities of the Building Maintenance Fund or Building Maintenance Account and recordsrelated to and necessary for the maintenance and management of the building; and(b) not later than three months from such termination, submit to the Commissioner the auditedaccounts of the Building Maintenance Fund or Building Maintenance Account.(2) Any person who fails to comply with subsection (1) commits an offence and shall, on conviction,be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceedingone month or to both.(3) In the event of the termination of the management agreement, the Commissioner may appointanother managing agent to maintain and manage the building for a period to be specified by theCommissioner.PART VIIDEPOSIT AND RECOVERY OF CHARGES31. 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 suchsum as may be prescribed by the State Authority for the purpose of carrying out any work to rectifyany 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 overof vacant possession.(3) The Commissioner may use the deposit for the purpose of carrying out any work which isnecessary 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 tothe common property, the Commissioner may direct the developer to deposit within fourteen dayssuch further sums as the Commissioner may determine.(5) Any unexpended deposit shall be refunded to the developer on the expiry of the defect liabilityperiod for the development area.(6) Any developer who fails to comply with subsection (1)commits and offence and shall, onconviction be liable to a fine not exceeding five thousand ringgit and shall also be liable to a furtherfine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.32. Recovery of charges by Joint Management Body.(1) Where maintenance charges become recoverable by the Body from a purchaser by virtue ofsection 23, the Body may serve on the purchaser a written notice requesting payment of the sum duewithin 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 sumdue remains unpaid, the Body may serve on the purchaser a further written notice demandingpayment of the sum due within fourteen days from the date of service of the notice; and if upon theexpiry of the said period, the sum due still remains unpaid, the Body may institute proceedings in anycourt of competent jurisdiction for the recovery of the said sum or, in addition or as an alternative torecovery under this section, resort to recovery under section 33.(3) Where a managing agent has been appointed by the Commissioner under section 25 to maintainand manage a development area, a notice sent by the managing agent shall be deemed to have beensent by the developer or Body.33. Recovery of arrears of charges.(1) Where the amount of charges payable is in arrears for six months, the Commissioner may, at therequest of the developer or Body, issue a warrant of attachment in Form B of the Second Scheduleauthorizing the attachment of any movable property belonging to the purchaser which may be foundin the parcel or elsewhere within the local authority area.(2) No warrant of attachment shall be issued by the Commissioner unless the Commissioner hasserved a notice in Form A of the Second Schedule on the purchaser or any one of the purchasers ofthe parcel, if more than one, requesting him to pay the arrears within fourteen days of the service byposting or delivery.(3) The warrant shall be executed by an officer from the office of the Commissioner who shall makean inventory of the property attached and at the same time give notice in Form C of the SecondSchedule to the person who at the time of attachment appears to be the person in possession of theproperty.(4)Such officer may, in the daytime, efect forcible entry into any parcel or building or any part of theparcel 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 theproperty, the property attached shall be sold by public auction.(6) Where any amount is recovered by the Commissioner under this section, the Commissioner maydeduct from such amount collection charges of such amount as may be prescribed by the Minister,with the concurrence of the State Authority.
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(4) Where the Commissioner has determined that the deposit is insufficient for rectifying the defects tothe common property, the Commissioner may direct the developer to deposit within fourteen dayssuch further sums as the Commissioner may determine.(5) Any unexpended deposit shall be refunded to the developer on the expiry <strong>of</strong> the defect liabilityperiod for the development area.(6) Any developer who fails to comply with subsection (1)commits <strong>and</strong> <strong>of</strong>fence <strong>and</strong> shall, onconviction be liable to a fine not exceeding five thous<strong>and</strong> ringgit <strong>and</strong> shall also be liable to a furtherfine not exceeding fifty ringgit for every day during which the <strong>of</strong>fence is continued after the conviction.32. Recovery <strong>of</strong> charges by Joint Management Body.(1) Where maintenance charges become recoverable by the Body from a purchaser by virtue <strong>of</strong>section 23, the Body may serve on the purchaser a written notice requesting payment <strong>of</strong> the sum duewithin such period, which shall not be less than fourteen days from the date <strong>of</strong> service <strong>of</strong> the notice,as may be specified in the notice.(2) If at the end <strong>of</strong> the period specified in the notice under subsection (1) the sum or part <strong>of</strong> the sumdue remains unpaid, the Body may serve on the purchaser a further written notice dem<strong>and</strong>ingpayment <strong>of</strong> the sum due within fourteen days from the date <strong>of</strong> service <strong>of</strong> the notice; <strong>and</strong> if upon theexpiry <strong>of</strong> the said period, the sum due still remains unpaid, the Body may institute proceedings in anycourt <strong>of</strong> competent jurisdiction for the recovery <strong>of</strong> the said sum or, in addition or as an alternative torecovery under this section, resort to recovery under section 33.(3) Where a managing agent has been appointed by the Commissioner under section 25 to maintain<strong>and</strong> manage a development area, a notice sent by the managing agent shall be deemed to have beensent by the developer or Body.33. Recovery <strong>of</strong> arrears <strong>of</strong> charges.(1) Where the amount <strong>of</strong> charges payable is in arrears for six months, the Commissioner may, at therequest <strong>of</strong> the developer or Body, issue a warrant <strong>of</strong> attachment in Form B <strong>of</strong> the Second Scheduleauthorizing the attachment <strong>of</strong> any movable property belonging to the purchaser which may be foundin the parcel or elsewhere within the local authority area.(2) No warrant <strong>of</strong> attachment shall be issued by the Commissioner unless the Commissioner hasserved a notice in Form A <strong>of</strong> the Second Schedule on the purchaser or any one <strong>of</strong> the purchasers <strong>of</strong>the parcel, if more than one, requesting him to pay the arrears within fourteen days <strong>of</strong> the service byposting or delivery.(3) The warrant shall be executed by an <strong>of</strong>ficer from the <strong>of</strong>fice <strong>of</strong> the Commissioner who shall makean inventory <strong>of</strong> the property attached <strong>and</strong> at the same time give notice in Form C <strong>of</strong> the SecondSchedule to the person who at the time <strong>of</strong> attachment appears to be the person in possession <strong>of</strong> theproperty.(4)Such <strong>of</strong>ficer may, in the daytime, efect forcible entry into any parcel or building or any part <strong>of</strong> theparcel or building for the purpose <strong>of</strong> effecting the attachment.(5) Unless the arrears <strong>and</strong> the collection charges are paid within seven days <strong>of</strong> the attachment <strong>of</strong> theproperty, the property attached shall be sold by public auction.(6) Where any amount is recovered by the Commissioner under this section, the Commissioner maydeduct from such amount collection charges <strong>of</strong> such amount as may be prescribed by the Minister,with the concurrence <strong>of</strong> the State Authority.
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