STRATA property owners who default on maintenance fees must still be allowed access to their homes, says Housing and Local Government Minister Nga Kor Ming (pic).
He said joint management bodies and management corporations could impose restrictions such as deactivating their access cards but must not deny them access to their units.
“Management bodies must provide safe and reasonable alternatives, such as allowing defaulters to enter through security checkpoints after registering their details.
“If access cards are deactivated, owners must still be allowed to use basic lifts or service staircases,” he said during Minister’s Question Time when responding to Jimmy Puah Wee Tse (PH-Tebrau) who asked about the legal position on management bodies’ rights to restrict access to properties in strata and gated-and-guarded developments over unpaid maintenance fees.
His response was read out by Education Minister Datuk Seri Fadhlina Sidek in his absence from the Lower House.
Nga said management bodies could also suspend parking privileges in common property areas but must allow vehicles to enter temporarily to drop off passengers or belongings before being parked outside the premises.
“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 were 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, management bodies may take administrative action against defaulters 14 days after serving them with a notice of outstanding payments, he said.
Such measures 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 be used only as a disciplinary measure, not as the sole means of collecting overdue maintenance fees.
“The Strata Management Act 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 the ministry encouraged management bodies to prioritise negotiations and tailored instalment plans for owners facing genuine financial difficulties.
He added that the ministry was reviewing the Strata Management Act to strengthen the recovery of overdue maintenance fees while protecting property owners’ fundamental rights.
