KUALA LUMPUR (Oct 29): Joint management bodies (JMBs) and management corporations (MCs) cannot completely block owners who default on maintenance fees from accessing their own units, Housing and Local Government Minister Nga Kor Ming said.

Under the Strata Management Regulations 2015, management bodies may take administrative action against defaulters 14 days after issuing a notice of outstanding payments. These measures include deactivating electronic access devices, requiring defaulters to register in a visitor logbook and suspending access to common facilities.

However, such restrictions must not deprive owners of their right to access and enjoy their own units, Nga said, citing a Court of Appeal ruling on Oct 26, 2026, in the case of SL Land Sdn Bhd and Foong Wei Ching v JMB Sentral Bazar Nilai.

“The court ruled that although management bodies were entitled to impose statutory restrictions, these could not go so far as to deny owners access to their properties,” he said in a written parliamentary reply to Jimmy Puah Wee Tse (PH-Tebrau) in the Dewan Rakyat on Thursday. The reply was delivered by Education Minister Fadhlina Sidek on Nga’s behalf.

Nga said management bodies must provide reasonable and safe alternative access arrangements. For example, owners whose lift access cards have been deactivated must still be allowed to enter the development through security checkpoints and use basic lifts or service staircases to reach their units.

Management bodies may suspend the use of parking bays within common property, but must still allow vehicles to enter temporarily to drop off passengers or goods before being parked outside, he said.

Nga said the Strata Management Act 2013 (Act 757) requires parcel owners to pay maintenance charges and contributions to the sinking fund under Sections 12, 25 and 52 of the Act.

Failure to pay these charges could affect the safety, maintenance of facilities and well-being of the strata community, while shifting the financial burden to owners who pay their dues, he said.

He urged management bodies to pursue legal avenues to recover outstanding charges rather than relying solely on physical access restrictions.

They may file claims with the Strata Management Tribunal under Section 34 or Section 78 of Act 757 to recover outstanding payments without engaging a lawyer. They may also apply to the Commissioner of Buildings (COB) under Section 35 or Section 79 to seize movable property belonging to defaulters, subject to the applicable legal requirements.

Nga said the ministry, through the National Housing Department and COB offices at local authorities, was providing guidance to JMBs and MCs on recovering outstanding charges in accordance with the law while protecting owners’ rights.

The ministry also encourages management bodies to offer instalment payment arrangements to owners facing genuine financial difficulties.

In addition, Nga said the ministry was reviewing Act 757 to strengthen the legal mechanisms for recovering outstanding payments while ensuring that property owners’ fundamental rights remain protected.

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