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Strata bodies cannot bar fee defaulters from their homes, says Nga

Management bodies may restrict access devices and shared facilities, but must provide safe alternatives for owners to reach their units.

Apartment buildings with a security entrance and shared parking area
Photo: The Edge Malaysia

Owners with unpaid maintenance fees must retain access to their units despite restrictions imposed by joint management bodies (JMBs) or management corporations (MCs), Housing and Local Government Minister Nga Kor Ming said.

In a written parliamentary response to Jimmy Puah Wee Tse (PH-Tebrau), Nga cited a Court of Appeal decision dated Oct 26, 2026. He said statutory powers to restrict defaulters did not extend to shutting owners out of their properties. Education Minister Fadhlina Sidek delivered the response on his behalf.

Nga said the Strata Management Regulations 2015 allow administrative measures once 14 days have passed following a notice seeking overdue payments. These can include disabling electronic entry devices, making owners sign a visitor register and restricting their use of shared facilities.

However, management bodies must arrange safe, reasonable alternatives for entry, he said. Owners with disabled lift cards must be permitted through security checkpoints and given access to basic lifts or service staircases. Restrictions on common-property parking must also allow temporary vehicle entry for passenger drop-offs or goods deliveries before vehicles are parked outside.

Nga urged JMBs and MCs to use legal recovery procedures instead of depending only on physical restrictions. Under Act 757, they can bring payment claims to the Strata Management Tribunal under Section 34 or Section 78 without hiring a lawyer.

They can also seek permission from the Commissioner of Buildings (COB) to seize defaulters’ movable property under Section 35 or Section 79, subject to legal requirements, he said.

Nga said the ministry was reviewing Act 757 to improve debt-recovery mechanisms while safeguarding owners’ fundamental rights. It also encourages instalment arrangements for owners experiencing genuine financial hardship, while the National Housing Department and local-authority COB offices provide guidance on lawful recovery.

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