o_19c5m4dif5d2b4m116t1tkbp0na.pdf

If a body corporate commits an offence then a person who
at the time of commission of the offence was a director, a
member of the management committee, a member of the
subsidiary management committee, a member of the joint
management committee, chief executive officer, manager,
secretary or other similar officer of the body corporate or
was purporting to act in any such capacity or was in any
manner or to any extent responsible for the management of
any of the affairs of the body corporate or was assisting in
such management may be charged severally or jointly with
the body corporate in the same proceedings and if the body
corporate is found guilty of the offence such person shall be
deemed to be guilty of that offence as well unless he proves
that the offence was committed without his knowledge,
consent or connivance and that he had taken all reasonable
precautions and exercised due diligence to prevent the
commission of the offence.
CONCLUSION
Such is the wide ranging powers under the SMA. The
Commissioner- COB should embark on a campaign of
vigorous enforcements so that the offenders will not get
away scot-free. The COB must demonstrate to the industry
players that the rules of law will be enforced without fear
or favour and that the COB means business. The COB must
pass a strong message to the industry players, whether it’s
developer, managing agents, parcel owners, defaulters or
wrongdoers that breaches of rules and regulations are not
to be taken lightly and that playing the game of, “Catch-Me-
If-You-Can”, will cost them dearly. It is one way of making
the laws in SMA work more efficiently and effectively in the
long the run. This is because once this message sinks in,
there will be less recalcitrant parties, who under the present
situation, knows that their chances of getting away with any
misdeed is indeed very good! Presently all the legislations
are not providing the deterrence factor that they were set
out to provide, due to the state of enforcement – lacking
and lax.
FOOTNOTE: The Strata Management Act, 2013, now known as Act
757, received its Royal Assent on 5 February, 2013 and was gazetted
on 8 February, 2013. The said SMA has not been implemented, as
yet as it is pending finalisation of the governing Strata Management
Regulations.
NATIONAL HOUSE BUYERS ASSOCIATION [HBA]
No. 31, Level 3, Jalan Barat, Off Jalan Imbi, 55100, Kuala Lumpur
Tel: 603-2142 2225 | 012-334 5676 | Fax: 603-2260 1803
Email: info@hba.org.my | Web Site: www.hba.org.my
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