QUOTE(manapergi @ Oct 24 2013, 02:51 AM)
strong jmb sure cut water like the place i stay.
who can live without water.
RECOVERING DUES UNDER STRATA ACT 2013
1. Procedure in recovery
a) Defaulters
(1) In accordance with Section 52, ACT 757, the Building Maintenance Fund and Sinking Fund shall comprise Service Charge, Sinking Fund, Water Charges, Insurance Premium, Quit Rent, Late payment Interest and any other obligatory costs of the management.
(2) The Defaulters are those Owners of Condominium Units who have outstanding charges and contributions due and payable to the Building Maintenance Fund and Sinking Fund.
b) Late Payment Interest (Section 52(4) ACTC 757)
(1) Late Payment Interest at the rate of ten percent (10%) per annum or other rate as determined by the Management, will be levied on all types of outstanding charges and contributions to the Building Maintenance Fund which remains unpaid within fourteen (14) days from the date of invoice for all those outstanding charges and contributions, which may include whatsoever damages or cost of damage to Common Property payable by the defaulting Owner(s).
c) Defaulters List (can be enforced subject to approval of AGM)
(1) List of Defaulters with the names of the defaulting Owners, their Condominium Unit numbers and the total outstanding contributions due and payable to the Building Maintenance Fund shall be put on display at the various notice boards or at various public places within the Building and on RB website.
(2) The said List of Defaulters will only be updated at the end of the ensuing calendar month.
2. Pre-legal Action for recovery of charges arrears
a) Any or all of the following actions may be taken against the Defaulter before any legal proceeding is being taken:
(1) Disconnection of Domestic Water Supply (can be enforced subject to approval of AGM)
(a) The Management reserves its right to disconnect domestic water supply to the Condominium Unit(s) of defaulting Owner(s) who fail to remit his/her outstanding charges and/or contributions to the Building Maintenance Fund and Sinking Fund after a fourteen (14) days’ written notice (“First Notice”) has been served on him/her.
(b) The aforesaid action is necessary to facilitate good credit control measure undertaken by Management for recovery of such outstanding sum owing by defaulting Owner(s).
© A reconnection fee of RM50.00 each will be charged to those defaulting Owner(s) whose domestic water supply has been disconnected by the Management for the recovery of any outstanding charges and/or contributions to the Building Maintenance Fund and Sinking Fund.
(d) The reconnection fee shall be deemed as a contribution to the Building Maintenance Fund.
(2) De-activating the functions of electronic access touch cards
(a) The Management reserves its right to de-activate selective functions of the electronic access touch cards issued to the defaulting Owner(s) who fail to remit his/her outstanding charges and/or contributions to the Building Maintenance Fund and Sinking Fund after a fourteen (14) days’ written notice (“First Notice”) has been served on him/her.
(b) The aforesaid action is necessary to facilitate good credit control measure undertaken by Management for recovery of such outstanding sum owing by defaulting Owner(s).
© A reconnection fee of RM50.00 each will be charged to those defaulting Owner(s) to re-activate the access cards, by the Management for the recovery of any outstanding charges and/or contributions to the Building Maintenance Fund and Sinking Fund. The re-activating fee shall be deemed as contribution to the Building Maintenance Fund.
3. Legal Proceeding for Recovery of Arrears
a) At the end of the 14 days notice and the arrears has not been paid, JMC may file a summons via court or tribunal to recover the outstanding balance as outlined under Section 35 of ACT 757.
b) Any purchaser or parcel owner who, without reasonable excuse, fails to comply with the notice as stated under 1 b (1) above commits an offense and shall, on conviction as per action 3(a) above, be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding three years or to both, and
in the case of a continuing offense, to a further fine not exceeding RM50 for every day or part thereof during which the offense continues after conviction.
4. Recovery of sums by attachment of movable property
a) In the event the amount of charges and contributions due from the defaulting Owner(s) have been in arrears for six (6) months and above, the Management shall submit a written request to the Commissioner of Buildings to issue a warrant of attachment authorizing the attachment of any movable property belonging to the defaulting Owner(s) in the Condominium Unit.
b) The Commissioner of Buildings will issue a Notice to pay arrears of charges (Form A) requesting the defaulting Owner(s) to pay the amount in arrears within fourteen (14) days.
c) The warrant of attachment under subsection (1) shall be executed by the developer or a member of the joint management committee or by a person specially employed by the developer or the JMB to execute such warrant, in the presence of the Commissioner or an officer from the office of the Commissioner.
d) If the developer or the member of the joint management committee or the person referred to in © encounters difficulties in executing the warrant, such developer, member or person may seek the assistance of the Commissioner, and in providing such assistance, the Commissioner may request for the assistance of a police officer not below the rank of Inspector.r.
5. Statutory Offense
a) Any purchaser or parcel owner who, without reasonable excuse, fails to comply with the notice as stated under 1 b (1) above commits an offense and shall, on conviction as per action 3(a) above, be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding three years or to both, and
in the case of a continuing offense, to a further fine not exceeding RM50 for every day or part thereof during which the offense continues after conviction.
Extracted from
http://strata2013.wordpress.com/2013/06/22...ecovering-dues/This post has been edited by urbanite: Oct 24 2013, 05:16 AM