Yew Huoi, How & Associates | Leading Malaysia Law Firm

cleaning coronoa virus

DISINFECTION DURING MOVEMENT CONTROL ORDER

If you live in a Strata Property, can you demand your Management to clean up areas suspected to be infected with the outbreak of corona virus?

“Yes, if the area is the common propriety.”

Coronavirus Pandemic. A disinfector in a protective suit and mask sprays disinfectants in the room. Protection of COVID-19 disease. Prevention of spreading pneumonia virus with surfaces we touch.

This is because Regulation 3 of the Strata Management (Maintenance and Management) Regulations 2015 (“SMR 2015”) requires the management to manage and maintain common property to reasonable standards of safety and health for the convenience, comfort and enjoyment of the proprietors and occupiers. If the infected area is the common property which would affect the safety and health of the proprietors or occupiers, you may demand for the area to be cleaned up.However, if the area is not the common propriety, a complaint may be lodged to the National Security Council or Health Ministry.This is because Section 18(1)(c) of the Prevention and Control of Infectious Disease Act 1988 (“PCIDA1988”) allows the authorised officer to “disinfect, disinsect and derat” a premise. The authorized officer can do so if he has reason to believe there has been person with an infectious disease on the premises or that this will lead to outbreak or spread of any infectious disease.

The authorised officer may also order the Management to clean up the area. Sections 9(2)(e), 21(1)(e) and 59(1)(e) of the Strata Management Act 2013 (“SMA 2013”) requires the management to comply with the order of the authority.

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