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Laws of Malaysia: Building and Common Property (Maintenance and Management) Act 2007
Laws of Malaysia: Building and Common Property (Maintenance and Management) Act 2007
Act 663
BUILDING AND COMMON PROPERTY
(MAINTENANCE AND MANAGEMENT) ACT 2007
2
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3
LAWS OF MALAYSIA
Act 663
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, application and commencement
2. Interpretation
PART II
PART III
PART IV
PART V
PART VI
MANAGING AGENT
Section
31. Developer to pay deposit to rectify defects on common property
32. Recovery of charges by Joint Management Body
33. Recovery of arrears of charges
34. Failure or refusal to pay charges
PART VIII
MISCELLANEOUS
Act 663
[ ]
PART I
PRELIMINARY
(2) This Act shall apply only to Peninsular Malaysia and the
Federal Territory of Labuan.
8 Laws of Malaysia ACT 663
(3) This Act shall come into operation in each State on such
date as may be appointed by the Minister, after consultation with
the State Authority, in relation to that State by notification in the
Gazette, and the Minister may, after consultation with the State
Authority, appoint different dates—
(a) for the coming into operation of this Act in different
local authority areas or parts of local authority areas; and
(b) for the coming into operation of different provisions of
this Act in different local authority areas or parts of local
authority areas.
(4) This Act shall come into operation in the Federal Territory
of Kuala Lumpur, the Federal Territory of Labuan and the Federal
Territory of Putrajaya on a date to be appointed by the Minister
responsible for the Federal Territory of Kuala Lumpur, the Federal
Territory of Labuan and the Federal Territory of Putrajaya by
notification in the Gazette.
“local authority area” means any area in a State that has been
declared by the State Authority to be a local authority in accordance
with section 3 of the Local Government Act 1976 [Act 171];
PART II
PART III
(4) The Body shall comprise the developer and the purchasers.
Building and Common Property 13
(Maintenance and Management)
Duty of developer to convene meeting
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to all purchasers not less than fourteen days before the meeting.
6. (1) The agenda for the first meeting of the Body shall include
the following matters:
(a) the election of the office bearers of the Committee as
provided for in subsection 11(2);
(b) to confirm the taking over by the Body of insurances
effected by the developer;
(c) subject to subsection 23(2), to determine the amount to
be paid by the purchasers to the Building Maintenance
Fund for the maintenance and management of the common
property of the building;
(d) the determination of the rate of interest payable by a
purchaser in respect of late payment of charges; and
(e) any matter connected with the maintenance and
management of the common property of the building.
14 Laws of Malaysia ACT 663
(2) The quorum at the first meeting of the Body shall be
one-quarter of the purchasers who have paid maintenance charges
in respect of their parcels to the Building Maintenance Account
(“members entitled to vote”) of the developer.
(3) If within half an hour after the time appointed for the
meeting, a quorum is not present, the members entitled to vote
who are present shall constitute a quorum.
(7) Where an hour after the time appointed for the meeting, no
member entitled to vote turns up or all the members present, for
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developer shall, within seven days of the date of the meeting, inform
the Commissioner of the fact and the Commissioner may—
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(b) appoint a managing agent under subsection 25(1) to
maintain the common property of the building.
7. (1) The Body shall inform and register with the Commissioner
the name of the Body within twenty-eight days of the first
meeting.
(3) 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.
Building and Common Property 15
(Maintenance and Management)
Duties and powers of Joint Management Body
(2) The annual general meetings shall be held once in each year
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one annual general meeting and the next.
10. (1) A general meeting other than the annual general meeting
shall be known as an extraordinary general meeting.
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been properly constituted, he may authorize in writing any purchaser
to convene an extraordinary general meeting for such purposes as
may be approved by the Commissioner.
11. (1) The Body shall elect a Joint Management Committee who,
subject to any restriction imposed or direction given by the Body
at a general meeting, may perform the Body’s duties and conduct
the Body's business on its behalf, and may for that purpose exercise
any of the Body's powers.
18 Laws of Malaysia ACT 663
(2) The Committee shall consist of the developer and not less
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CV VJG CPPWCN IGPGTCN OGGVKPI QH VJG $QF[ CPF UJCNN JQNF QHſEG
for a period not exceeding three years or until the dissolution of
the Body in accordance with section 15, whichever is earlier.
(5) The State Authority may amend the First Schedule by order
published in the Gazette.
Register of purchasers
12. The developer or Body, as the case may be, shall maintain a
register in such form as the Commissioner may require, containing
the following particulars in respect of all the parcels in the
development area:
(a) the allocated share unit to be assigned to each parcel
filed with the Commissioner;
(b) VJG ƀQQT CTGC QH VJG RCTEGN TGHGTTGF VQ KP RCTCITCRJ (a);
(c) the name and address of every purchaser and if the purchaser
is not a resident of Malaysia, the address in Malaysia at
which notices may be served on the purchaser;
(d) the name and address of the solicitor acting for the purchaser
in the sale and purchase of the parcel; and
(e) the number of parcels which are unsold.
Right of purchaser
House rules
(2) A copy of any house rules made by the Body and any
amendment of any house rules for the time being in force, certified
as a true copy under the seal of the Body, shall be lodged by the
Body with the Commissioner within fourteen days of the passing
of the resolution by the Body approving the house rules.
(3) If the Body fails to comply with this section, every member
of the Body commits an offence and shall, on conviction, be liable
to a fine not exceeding ten thousand ringgit and shall also be liable
to a further fine not exceeding one thousand ringgit for every
day during which the offence is continued after conviction.
PART V
(4) For the purpose of this section, if the Body has not been
established, references to the “Body” shall be construed as
references to the “developer”.
23. (1) The purchaser shall pay the charges for the maintenance
and management of the common property.
24. The Body shall open and maintain a sinking fund into which
shall be paid such portion of the contribution to the Building
Maintenance Fund as may, from time to time, be determined by the
Body for the purposes of meeting its actual or expected liabilities
in respect of the following matters:
(a) the painting or repainting of any part of the common
property;
(b) the acquisition of any movable property for use in relation
to the common property;
(c) the renewal or replacement of any fixture or fitting
comprised in any common property; or
(d) any other expenditure as the Committee deems necessary.
PART VI
MANAGING AGENT
(2) A managing agent appointed under this Part shall enter into
a management agreement with the developer or Body to carry out
the duties and powers of the developer or Body as provided for
under this Act.
Building and Common Property 29
(Maintenance and Management)
(3) The managing agent shall be entitled to be paid such
remuneration or fees as may be agreed upon between the managing
agent and the developer or Body with the concurrence of the
Commissioner, and such remuneration or fees shall be charged to
the Building Maintenance Account or Building Maintenance Fund,
as the case may be.
(2) Any person who fails to comply with subsection (1) commits
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twenty thousand ringgit or to imprisonment for a term not exceeding
one month or to both.
PART VII
(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.
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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 33.
Building and Common Property 33
(Maintenance and Management)
(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.
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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.
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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.
PART VIII
MISCELLANEOUS
any person authorized by the Body for that purpose may, on behalf
of the Body, institute such proceedings or appear in such proceedings
and may make all appearances and applications and do all acts in
respect of the proceedings on behalf of the Body.
Power of entry
(6) For the purposes of this section and section 39, “authorized
person” means any person authorized in writing by the Commissioner.
Regulations
42. (1) The Minister may, with the concurrence of the State
Authority, make such regulations as may be expedient or necessary
for the better carrying out of the provisions of this Act.
Prosecution
45. (1) The provisions of this Act shall have effect notwithstanding
any stipulation to the contrary in any agreement, contract or
arrangement entered into after the commencement of this Act.
FIRST SCHEDULE
[Subsection 11(4)]
1. (1) The Committee is to hold as many meetings as are necessary for the
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places and times as the chairman may decide, but the chairman shall not allow
more than two months to lapse between meetings.
Continuation of office
(2) Where any vacancy occurs in the Committee, the remaining members
shall appoint another purchaser to be a member until the next annual general
meeting of the Body.
Quorum
3. The chairman and at least half of the number of members of the Committee
shall form a quorum at any meeting of the Committee.
Casting vote
5. (1) The Committee may invite any person to attend any meeting or
deliberation of the Committee for the purpose of advising or assisting the
Committee on any matter under discussion, but any person so attending shall
have no right to vote at the meeting or deliberation.
(2) A person invited under subparagraph (1) shall be paid such allowances
as may be determined by the Body.
Minutes
7. (1) The secretary of the Committee shall cause minutes of all their meetings
to be maintained and kept in a proper form.
(4) A Committee shall cause copies of the minutes of all its meetings to be
submitted to the Commissioner as soon as practicable.
Procedure
Disclosure of interest
9. (1) A member of the Committee having any interest in any matter under
discussion by the Committee shall disclose to the Committee the facts of his
interest and its nature.
Building and Common Property 41
(Maintenance and Management)
(2) A disclosure under subparagraph (1) shall be recorded in the minutes
of the Committee and, after the disclosure, the member having an interest in
the matter shall not take part nor be present in any deliberation or decision
of the Committee.
10. No act done or proceeding taken under this Act shall be questioned on
the ground of—
(a) any vacancy in the membership of, or any defect in the constitution
of, the Committee;
(b) contravention by any member of the Committee of the provisions of
paragraph 8; or
(c) any omission, defect or irregularity not affecting the merits of the
case.
11. The members of the Committee shall devote such time to the business
of the Committee as is necessary to discharge their duties effectively.
SECOND SCHEDULE
BUILDING AND COMMON PROPERTY
(MAINTENANCE AND MANAGEMENT) ACT 2007
FORM A
[Subsection 33(2)]
No……………….
To:
……………………………………
……………………………………
……………………………………
Take notice that you are hereby required to pay the arrears of charges due
for the period ending........................................................................................
amounting to RM.....................................together with interest amounting to
42 Laws of Malaysia ACT 663
RM sen
Arrears of Charges … … …
Interest … … … … … …
Total
Section/Mukim ............................
Lot No. ..................................
.......………………................
Commissioner of Buildings
FORM B
[Subsection 33(1)]
WARRANT OF ATTACHMENT
To:
……………………………………
……………………………………
……………………………………
.......………………................
Commissioner of Buildings
RM sen
Total
FORM C
[Subsection 33(3)]
To:
..................................................of...................................................................
Parcel No. …...................................................................................................
(or other identifiable description).
44 Laws of Malaysia ACT 663
6CMG PQVKEG VJCV + JCXG VJKU FC[ CVVCEJGF VJG RTQRGTV[ URGEKſGF KP VJG KPXGPVQT[
below for the sum of RM.......................being arrears and collection charges
recoverable under the Building and Common Property (Maintenance and
/CPCIGOGPV #EV FGVCKNGF DGNQY CPF VJCV WPNGUU [QW RC[ VQ VJG QHſEGT
of the..............................Council of....................................... the amount due
together with the costs of this attachment within 7 days of the date of this
notice the property will be sold.
........................
Signature
INVENTORY
RM sen
Total
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA