Lengthy process to remove abandoned vehicles


Subramaniam says JMBs and MCs risk being sued for improper disposal of abandoned vehicles.

ABANDONED motorcycles are a common problem in high-density flats and older condominiums, says an industry expert.

Association of Valuers, Property Managers, Estate Agents and Property Consultants in the Private Sector Malaysia (PEPS) president A. Subramaniam said the issue was more serious in areas with high tenant turnover and weak parking control.

“Many of the motorcycles left behind are faulty or no longer roadworthy. Scrapping it costs money, so it is simply abandoned,” he said.

He added that in some cases, owners used parking bays to store these vehicles, taking up spaces meant for residents,

He said Joint Management Bodies (JMBs) and Management Corporations (MCs) had limited powers to deal with the issue.

“Under the Strata Management Act 2013, JMBs and MCs are not enforcement authorities like the police or local councils.

“They do not have clear legal powers to declare a vehicle as abandoned or to dispose of it.

“If they act without proper authority, they risk being sued,” Subramaniam said.

Because of this, management bodies must adhere to a cautious and time-consuming process before taking any action.

He said this included photographing and documenting the vehicle, tagging it as a “suspected abandoned vehicle”, and issuing notices on notice boards or to the owner, usually with a grace period of two to three weeks.

The process could take longer if the owner cannot be traced.

Subramaniam said disputes were common, which was why many management bodies hesitated to act.

“Owners may claim they did not receive the notice, say the motor­cycle has sentimental value, argue that it was removed without proper authority or complain that it was damaged during towing.

“With no clear legal protection, there is always the risk of legal action,” he added.

He said clearer provisions were needed under the strata management framework, including a standard procedure to declare a vehicle abandoned, a minimum notice period and legal authority for JMBs and MCs to remove and dispose of unclaimed vehicles after due process.

“Without clearer protection under the law, management bodies will continue to take a cautious approach, and abandoned vehicles will remain a persistent problem,” he said. — By BAVANI M

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