A joint management body comprises of the developer and the purchasers of parcels [see Section 17(4) of the Strata Management Act 2013 (“SMA 2013“) read together with Section 2 of the SMA 2013].
Section 21 of the SMA 2013 governs the duties and powers of joint management bodies.
The provision is worded as follows:
“(1) The duties of a joint management body shall be as follows:
(a) to properly maintain and manage the building or land intended for subdivision into parcels and the common property, and keep it in a state of good and serviceable repair;
(b) to determine and impose the Charges to be deposited into the maintenance account for the purpose of the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property;
(c) to determine and impose the contribution to the sinking fund to be deposited into the sinking fund account for the purpose of meeting the actual or expected expenditure specified under subsection 24(2);
(d) to effect insurance according to this Act or to insure against such other risks as the parcel owners may by special resolution direct;
(e) to comply with any notice or order given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the common property;
(f) to prepare and maintain a register of all parcel owners of the buildings or lands intended for subdivision into parcels;
(g) to ensure that the accounts required to be maintained by the joint management body under this Act are audited and to provide audited financial statements for the information to its members;
(h) to enforce the by-laws; and
(i) to do such other things as may be expedient or necessary for the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property.
(2) The powers of the joint management body shall be as follows:
(a) to collect the Charges from the parcel owners in proportion to the allocated share units of their respective parcels;
(b) to collect the contribution to the sinking fund from the parcel owners;
(c) to authorize expenditure for the carrying out of the maintenance and management of the buildings or lands intended for subdivision into parcels and the common property;
(d) to recover from any parcel owner any sum expended by the joint management body in respect of that parcel in complying with any such notice or order as referred to in paragraph (1)(e);
(e) to purchase, hire or otherwise acquire movable property for use by the parcel owners in connection with their enjoyment of the common property;
(f) to employ or arrange and secure the services of any person or agent to undertake the maintenance and management of the common property of the building or lands intended for subdivision into parcels;
(g) subject to subsection 32(3), to make additional by-laws for the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property; and
(h) to do all things reasonably necessary for the performance of its duties under this Act and for the enforcement of the by-laws.
(3) Notwithstanding any other provisions of this Act, the joint management body shall not enter into any contract relating to the maintenance and management of any building or land intended for subdivision into parcels and the common property in the development area for any period exceeding twelve months.
(4) Where –
(a) the joint management body incurs any expenditure or performs any repairs, work or act that it is required or authorized by or under this Part or by or under any other written law to perform, irrespective of whether or not the expenditure was incurred or the repairs, work or act were or was performed consequent upon the service of any notice or order on it by any Government or statutory authority; and
(b) the expenditure or the repairs, work or act referred to in paragraph (a) were or was rendered necessary by reason of any willful or negligent act or omission on the part of, or breach of any provision of its by-laws by, any parcel owner or his tenant, lessee, licensee or invitee,
the amount of the expenditure of any money expended by the joint management body in performing the repairs, work or act shall be recoverable by it from that parcel owner as a debt in an action in any court of competent jurisdiction or before the Tribunal.
(5) The generality of this section shall not be prejudiced by any other provision in this Part conferring a power or imposing a duty on the joint management body.”
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