Strata Management Act 2013 (Act 757) & Regulations [As At 5th October 2022]

Detailed Contents of Strata Management Act 2013:

In Malaysia, the management and upkeep of buildings and common property in strata projects are governed under the Strata Management Act 2013 (Act 757). The Act outlines the duties and responsibilities of builders, property managers, and owners of strata units in strata schemes. It also outlines the procedures for resolving any conflicts.

The Strata Management Act of 2013 has several important clauses, including:

1. the establishment of the Management Corporation
Every strata plan must establish a Management Company (MC) in accordance with the Act. The MC, which is made up of all the scheme's unit owners, is in charge of overseeing and maintaining the common property.

2. responsibilities of the developer
The Act outlines a number of responsibilities that developers must meet both before and after a strata development is finished. For instance, before starting development, developers must secure the required clearances and permits and create a sinking fund for the upkeep and repair of the common property.

3. the property manager's obligations
The Act also outlines the responsibilities of the property manager, who represents the MC in the day-to-day management of the strata scheme. Their obligations include getting unit owners to pay maintenance fees, organising for the upkeep and repair of common areas, and maintaining accurate books and records.

4. responsibilities of the unit owner
The Act also imposes obligations on unit owners, including the payment of maintenance fees and adherence to rules set forth by the MC. They have the right to vote on issues pertaining to the scheme and to attend MC general meetings.

5. Resolution of Conflict
The Act outlines several procedures for addressing conflicts that could develop within a strata plan. They consist of both internal procedures, like mediation and arbitration, for resolving disputes and external procedures, including submitting a complaint to the Commissioner of Buildings or starting legal action.

The Strata Management Act 2013's associated rules offer more thorough instructions on how to implement and implement the MC, perform the obligations of the property manager, and settle disputes, among other components of the Act. Several papers needed by the Act, including the notice of the annual general meeting and the maintenance and sinking fund account, are also prescribed forms and templates in the rules.