KUALA LUMPUR: Strata management bodies must provide alternative access arrangements for property owners who fail to pay their maintenance fees, even if their electronic access cards have been deactivated, says Housing and Local Government Minister Nga Kor Ming.
He said while joint management bodies (JMBs) and management corporations (MCs) have the legal right to impose restrictions on defaulters, such measures must not completely prevent owners from accessing their homes.
Nga said management bodies must ensure that alternative arrangements are safe and reasonable, including allowing defaulters to enter through security checkpoints after registering their details.
"If lift access cards are deactivated, owners must still be allowed to enter the premises through security checkpoints by signing the visitors' logbook and be permitted to use basic lifts or service staircases to reach their units," he said during Minister's Question Time in the Dewan Rakyat on Thursday (Oct 29).
Nga's response was read out on his behalf by Education Minister Datuk Seri Fadhlina Sidek, as he was not present in the Lower House.
Nga said management bodies could also suspend parking privileges in common property areas but must allow vehicles temporary entry to drop off passengers or belongings before being parked outside the premises.
"The restrictions imposed on defaulters are not an absolute licence to deny property owners access to their own units.
"This principle was reinforced by a Court of Appeal ruling 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 management bodies are entitled to impose statutory restrictions, such measures must not extend to depriving owners of their right to access and enjoy their properties," he said.
Under the Strata Management (Maintenance and Management) Regulations 2015, he said management bodies may take administrative action against defaulters 14 days after they receive a notice of outstanding payments.
Such measures, he said, include deactivating electronic access devices, requiring defaulters to register in visitors' logbooks and suspending access to common facilities.
However, Nga stressed that physical restrictions should only serve as a disciplinary measure and not the sole means of recovering outstanding maintenance fees.
"The Strata Management Act 2013 also provides legal mechanisms for recovering arrears, including filing claims through the Strata Management Tribunal without requiring legal representation.
"Management bodies can also apply to the Commissioner of Buildings to seize defaulters' movable assets, subject to the relevant legal provisions," he added.
Nga said his ministry encouraged management bodies to prioritise negotiations and targeted instalment arrangements for owners facing genuine financial difficulties.
He added that it was undertaking a comprehensive review of the Strata Management Act to strengthen legal mechanisms for recovering outstanding maintenance fees while safeguarding property owners' fundamental rights.
Jimmy Puah Wee Tse (PH-Tebrau) had asked about the latest legal position concerning the rights of management bodies to restrict access to properties in strata and gated-and-guarded developments over unpaid maintenance fees.
