42 STA 1985 ss 14A1 22A1 and 22B1 all being deleted via STA 2013 ss 40A3 412

42 sta 1985 ss 14a1 22a1 and 22b1 all being deleted

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42STA 1985, ss 14A(1), 22A(1) and 22B(1) all being deleted via STA 2013; ss 40A(3), 41(2) and 55A. 43STA 2013, new s 8(8), 19A(3) and 20(9). 44SMA 2013, ss 6(6) & (7), 9(5), 10(7), 11(7), 12(9), 13(3), 14(5), 15(4), 26(5), 27(4), 29(3), 30(2) &(3), 34(3), 48(4), 49(3), 50(4), 51(3), 53(3), 54(5), 55(4), 57(2), 62(5), 72(2) & (3), 78(3), 89(5), 91(2), 92(6), 123, 126(7), 133, 134, 135, 140, 141, 143, 151.
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11This manifests the legislature‟sstance in addressing the problems in the strata development considering the increase of populations who will be residing in the gated communities. The rationale behind the criminal nature of such offence is to act as a deterrence to parties (especially the developers, JMB and MC) who handle the money (sinking fund and maintenance charges) paid by the parcel owners on trust. A high standard of duty of care in maintaining and managing the money (sinking funds and maintenance charges) of the parcel owners is therefore being placed to eliminate those scrupulous developers who would have mismanaged the money collected. What is more appropriate under the 2013 Strata Acts would be the intention of the legislature to protect the weaker parties (parcel owners) in common property transaction as most of the criminal offence provisions are mainly related to the breaches of duties imposed on original proprietor,45developer,46JMB,47MC48and managing agent49as early as from the stage before the sale of any parcel to the maintenance and management of the parcels. The newly enacted SMA 2013 contains only two provisions imposing criminal penalty on the purchasers or parcel owners who, without reasonable excuse, fails to comply with the written notice issued by the developer or JMB,50MC or subsidiary MC51demanding payment of the sum due. Prior to this, there is only civil sanction on the parcel owners who neglect or fail to pay the maintenance charges to the developer or MC. The MC has no other options but to recover the sum due through civil suits in the courts of law. Now with the imposition of criminal penalty, this serves as deterrent to those parcel owners who fail to pay the sum due that they may end up in prison for 45Offences involving the original proprietor under the STA 2013 are:- failure in transfer of ownership of strata titles: s 40A(3) [new s 19A(3)]; breach of duty to convene the first annual general meeting: s 41(2); failure to pay the contributions demanded by the MC: s 55A. 46Offences involving the developer under the SMA 2013 are:- failure to file the schedule of parcels with the Commissioner of Building before sale of any parcel: s 6(6); failure to comply with the duties during developer‟smanagement period: s 9(5); failure to establish maintenance account: s 10(7); failure to establish sinking fund: s 11(7); failure to pay charges, and contribution to sinking fund: s 12(9); breach of duties in relation to accounts: s 14( 5); failure to hand over to the JMB: s 15(4); failure to convene the first annual general meeting of JMB: s 18(5); breach of duty in respect of charges for building or land intended for subdivision into parcels completed before the
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