Strata owners who default on maintenance charges cannot be barred from their units, though management bodies may impose restrictions, says Nga Kor Ming.
KUALA LUMPUR: Owners who default on maintenance charges cannot be barred entirely from entering their units, even though strata management bodies may impose administrative restrictions.
Housing and Local Government Minister Nga Kor Ming said this was affirmed in a Court of Appeal decision on Oct 26 in the case of SL Land Sdn Bhd and Foong Wei Ching v JMB Sentral Bazar Nilai.
“The court ruled that although the management body is entitled to impose statutory restrictions, such restrictions cannot go so far as to deprive owners of their right to access and enjoy their units,” according to his reply, read out by Education Minister Datuk Seri Fadhlina Sidek during Ministers’ Question Time in the Dewan Rakyat today.
The reply was in response to a question from Jimmy Puah Wee Tse (PH-Tebrau), who sought to know the latest legal position on the right of management bodies to restrict entry for individuals who fail to pay maintenance fees for strata properties as well as gated and guarded areas.
Nga explained that under the legal principles of the Strata Management Act 2013 (Act 757), strata parcel ownership carries shared responsibility, with every owner required to pay maintenance charges and contributions to the Sinking Fund, in line with Sections 12, 25 and 52 of the Act.
He said Paragraph 6, Part 2, Third Schedule of the Strata Management Regulations 2015 allows management bodies such as Joint Management Bodies (JMBs) and Management Corporations (MCs) to take administrative action against defaulters once the 14-day notice period for outstanding charges has expired.
These include deactivating electronic access devices, requiring defaulters to sign the visitor register and suspending the use of shared facilities.
Nevertheless, Nga stressed that management bodies must provide a safe and reasonable alternative means of access for the affected owners.
To ensure the sustainability of the strata industry, he said the Housing and Local Government Ministry (KPKT) is focusing on issuing standard guidelines and advocacy through the National Housing Department and the Commissioner of Buildings (COB), promoting targeted instalment schemes through prudent negotiation, and examining the review and reform of Act 757.
“The MADANI Government’s approach is anchored in justice and compassion. We protect owners’ right to reside in their homes, but at the same time, we will not compromise on legal responsibilities for the sake of the sustainability of the strata community as a whole,” he said.
