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Download - Ministry of Housing and Local Government

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(2) The Commissioner, subject to any general or special direction <strong>of</strong> the State Authority, shall havecharge <strong>of</strong> the administration <strong>of</strong> this Act <strong>and</strong> Parts VI <strong>and</strong> VII <strong>of</strong> the Strata Titles Act 1985 <strong>and</strong> shallperform such other duties as are imposed <strong>and</strong> may exercise such powers as are conferred upon himby the Strata Titles Act 1985.(3) Subject to any general or special direction <strong>of</strong> the Commissioner, the powers conferred <strong>and</strong> theduties imposed upon the Commissioner by this Act or any regulations made under this Act may beexercised or parforemed by any other <strong>of</strong>ficer appointed under subsection (1).PART IIIMANAGEMENT OF BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS4. Establishment <strong>of</strong> a Joint Management Body.(1) Where a building or l<strong>and</strong> intended for subdivision into parcels has been completed-(a) before the commencement <strong>of</strong> this Act <strong>and</strong> vacant possession <strong>of</strong> the parcels has beendelivered by the developer to purchasers but the management corporation has not come intoexistence, a Joint Management Body shall be established consisting <strong>of</strong> the developer <strong>and</strong> thepurchasers upon the convening <strong>of</strong> the meeting not later than twelve months from thecommencement <strong>of</strong> this Act; <strong>and</strong>(b) on or after the commencement <strong>of</strong> this Act, a Joint Management Body shall be establishedconsisting <strong>of</strong> the developer <strong>and</strong> the purchasers upon the convening <strong>of</strong> the first meeting notlater than twelve months from the date <strong>of</strong> delivery <strong>of</strong> vacant possession <strong>of</strong> the parcels to thepurchasers.(2) The Body established by subsection (1) shall be a body corporate having perpetual succession<strong>and</strong> a common seal.(3) The Body may sue <strong>and</strong> be sued in its name.(4) The Body shall comprise the developer <strong>and</strong> the purchasers.5. Duty <strong>of</strong> developer to convene meeting.(1) It shall be the duty <strong>of</strong> the developer to convene the first meeting <strong>of</strong> all purchasers.(2) The developer shall give a written notice <strong>of</strong> the firts meeting to all purchasers not less thanfourteen days before the meeting.(3) Without prejudice to subsection (1), if the developer fails to convene the first meeting within thespecified period, the Commissioner may appoint a person to convene the first meeting <strong>of</strong> the Bodywithin such time as may be specified by the Commissioner.(4) The developer shall, until the establishment <strong>of</strong> the Body <strong>and</strong> subject to the provisions <strong>of</strong> this Act,be responsible for the maintenance <strong>and</strong> management <strong>of</strong> the property.(5) Any developer who fails to comply with subsection (1) commits an <strong>of</strong>fence <strong>and</strong> shall , onconviction , be liable to a fine not exceeding twenty thous<strong>and</strong> ringgit or to imprisonment for a term notexceeding three months or to both.

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