SPEEDY WAYS OF RECOVERING UNPAID MAINTENANCE FEE THAT ALL MAINTENANCE OFFICES OF MALAYSIA WANTS TO KNOW. [PART 1]
1.
INTRODUCTION
After
the inception of the new Act, Strata Management Act 2013, the law has provided
various legal avenues for either Maintenance Committee Developer or Joint
Management Body to recover the outstanding sums arising from any outstanding
rates (eg: maintenance charges or sinking fund) that remains due and unpaid.
Some maintenance offices might be facing great hurdles and difficulties in
recovering the outstanding sums even after the issuance of the Notice to the
unit owners and proprietors. However, it is pertinent to take note that Section
78(1) of Strata Management Act 2013 also requires written notice to be served
on the proprietor for recovery of sum due. Hence, this article will briefly
discuss on the legal avenues that can be exercise to recover the outstanding
sums.
2.
LEGAL
AVENUES TO RECOVER OUTSTANDING SUM
a.
BY
DEACTIVATING THE ELECTROMAGNETIC ACCESS DEVICE AT THE EXPIRY OF THE 14 DAYS’
NOTICE.
The
Strata Management Act 2013 empowers the Developer, the Joint Management Body or
the Management Corporation to deactivate the electromagnetic access device such
as a card, tag or transponder at the expiry of the written notice demanding
payment (Form 11 or Form 20) of the sum due and provide 14 days’ notice.
For
instance, Paragraph 6(4) Third Schedule (By-Laws) Strata Management
(Maintenance and Management) Regulations 2015 stated that;
“(4) The management
corporation may, at the expiry of the
period of fourteen days specified in subparagraph 6(1)(a) of these
by-laws, and without prior notice,
deactivate any
electromagnetic access device such as a card, tag or transponder,
issued to a defaulter until such time that the any sum remaining unpaid in
respect of his parcel has been fully paid, together with a charge not exceeding
ringgit fifty that may be imposed by the management corporation for the
reactivation of his electromagnetic access device. During the period of the deactivation of his electromagnetic access
device, the management corporation may require the proprietor to sign in a
defaulters’ register book each time that the defaulter requires any assistance
for entry into or exit from the building or the development area.”
Based
on the above authority, the management office can exercise their rights to
impose such steps in recovering the sums that remains due and owing by the unit
owners.
TO
BE CONTINUED AT PART 2…
*You may contact us at:
Address: 51-1, Jalan USJ 10/1A, Taipan Triangle 47620 Subang Jaya, Selangor Darul Ehsan, Malaysia.
Tel : 603-56379700
Comments
Post a Comment