Court of Appeal: Strata managers cannot lock defaulters out of their units
Strata bodies can cut lift cards and parking for unpaid fees, but cannot deny owners entry to their own units.
What happened1/7 Court of Appeal says your unit is your unit, even if you owe fees
On 26 Oct 2026, the Court of Appeal ruled in SL Land Sdn Bhd and Foong Wei Ching v JMB Sentral Bazar Nilai that joint management bodies and management corporations cannot completely deny defaulting owners access to their own units.
Housing and Local Government Minister Nga Kor Ming confirmed the position in a written parliamentary reply on 29 Oct 2026, delivered by Education Minister Fadhlina Sidek on his behalf. The question came from Jimmy Puah Wee Tse (PH-Tebrau) in the Dewan Rakyat.
The ruling sits under the Strata Management Act 2013 (Act 757). Management bodies can impose administrative restrictions, but those restrictions cannot go so far as to lock an owner out of their property.
The real numbers2/7 The 14-day clock and the sections that govern strata fees
14 daysafter notice before admin actionAct 757Strata Management Act 2013S34 / S78Tribunal claims, no lawyer neededUnder the Strata Management Regulations 2015, a JMB or MC must issue a notice of outstanding payments first. Administrative action kicks in 14 days after that notice.
Parcel owners are legally required to pay maintenance charges and sinking fund contributions under Sections 12, 25 and 52 of Act 757. Skipping these payments is not just a breach of house rules; it breaches a statutory obligation under Act 757.
For recovery, the Act gives management bodies two main legal routes: the Strata Management Tribunal under Section 34 or Section 78, and the Commissioner of Buildings under Section 35 or Section 79.
- 01/02
14 days after notice before admin action The 14-day clock and the sections that govern strata fees after notice before admin action
Why it matters3/7 What a JMB can restrict, and where the line is drawn
Management bodies can deactivate electronic access devices (lift cards, gate remotes), require defaulters to sign a visitor logbook, suspend access to common facilities like the gym or pool, and suspend use of parking bays in common property.
What they cannot do is deny an owner the right to enter and enjoy their own unit. Nga's reply spells out the minimum: an owner whose lift card is deactivated must still be allowed in through the security checkpoint and must be able to use a basic lift or the service staircase to reach their floor.
On parking, a JMB may suspend your bay. But your car must still be allowed to enter temporarily to drop off passengers or unload goods before being parked outside the development. The restriction is on the parking right, not on getting to your front door.
What to do, step by step4/7 How a JMB or MC recovers unpaid fees the legal way
Nga urged management bodies to use the law instead of physical lockouts. Here are the channels the Act provides.
Each step below is a real legal route under Act 757. The ministry, through the National Housing Department and COB offices at local authorities, is providing guidance to JMBs and MCs on using them.
- File a claim with the Strata Management Tribunal under Section 34 or Section 78 of Act 757. No lawyer is needed. The Tribunal handles disputes on maintenance and sinking fund charges.
- Apply to the Commissioner of Buildings (COB) under Section 35 or Section 79 to seize movable property belonging to the defaulter, subject to applicable legal requirements.
- Offer an instalment payment arrangement to owners facing genuine financial difficulties, as the ministry encourages. This keeps the owner in their unit and the cash flowing.
- Issue a written notice of outstanding payments and wait the full 14 days before any administrative action, as required under the Strata Management Regulations 2015.
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Act 757 Strata Management Act 2013 The 14-day clock and the sections that govern strata fees Strata Management Act 2013
How it affects your wallet5/7 When neighbours skip fees, paying owners carry the cost
Maintenance charges and sinking fund contributions keep the lift running, the security guard on duty, the water pump working and the fire extinguishers serviced. Under Sections 12, 25 and 52 of Act 757, every parcel owner must pay their share.
Nga pointed out that when owners default, the financial burden shifts to those who pay on time. The safety and upkeep of the whole building suffer, and your service charge effectively rises to cover the gap.
e.g. In a 300-unit condo where 20 owners skip a RM200 monthly maintenance fee, that is RM4,000 a month missing from the upkeep budget. Spread across the 280 paying households, each one carries roughly RM14 extra a month for a fund that should have been fully covered.
What to watch6/7 Act 757 is under review
Nga said the ministry is reviewing the Strata Management Act 2013 to strengthen the legal mechanisms for recovering outstanding payments while keeping owners' fundamental rights protected.
No timeline for the review was given in the parliamentary reply. The current rules, including the 14-day notice period and the Tribunal and COB recovery routes, stay in force until any amendment is gazetted.
If you sit on a JMB or MC committee, watch for guidance from the National Housing Department and your local COB office on how the revised framework will change collection procedures.
Worth knowing7/7 Worth knowing
The Court of Appeal case (SL Land Sdn Bhd and Foong Wei Ching v JMB Sentral Bazar Nilai) was decided on 26 Oct 2026. The parliamentary reply confirming the ministry's position came three days later, on 29 Oct 2026. The ruling sets a binding legal precedent that applies to all JMBs and MCs nationwide.
Questions people ask
Can a JMB deactivate my lift card if I owe maintenance fees?
Yes, under the Strata Management Regulations 2015, a JMB can deactivate electronic access devices 14 days after issuing a written notice of outstanding payments. However, they must still let you enter through the security checkpoint and use a basic lift or service staircase to reach your unit.
What can a JMB do if I refuse to pay maintenance charges?
They can file a claim at the Strata Management Tribunal (Section 34 or 78 of Act 757, no lawyer needed) or apply to the Commissioner of Buildings (Section 35 or 79) to seize movable property. They can also offer you an instalment plan if you are in genuine financial difficulty.
Do I have to pay maintenance fees by law?
Yes. Sections 12, 25 and 52 of the Strata Management Act 2013 (Act 757) require every parcel owner to pay maintenance charges and sinking fund contributions. Non-payment is a statutory breach, not just a house-rule violation.
Source: KWSP (EPF)The Edge MalaysiaTraders Union
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