Strata Defaulters Must Still Get Alternative Access, Says Nga: What JMBs Can and Cannot Do

By Chan Wei Chao (REN 39846), Team Leader, Bricksmen Team · IQI Realty Sdn. Bhd. · Updated 2 November 2026

Strata management bodies can deactivate the access cards of owners who do not pay maintenance fees, but they must still give those owners a safe way to reach their own units. Housing and Local Government Minister Nga Kor Ming said this in a written answer read in the Dewan Rakyat on 29 October 2026, days after a Court of Appeal ruling that a joint management body (JMB) cannot bar owners from their property over arrears.

Here is what a JMB or management corporation (MC) can and cannot do, and what it means if you own or are buying a strata home.

What management can and cannot do

Allowed (after notice)Not allowed
Deactivate access cards, tags or transponders 14 days after the owner receives a notice of arrearsCompletely blocking an owner from entering the building or their unit
Require the owner to sign a visitors’ logbook or register at the guardhouseRequiring other people’s consent or presence before the owner can enter
Suspend use of common facilities such as the gym or pool
Suspend parking privileges in common areas, while still allowing temporary entry for drop-offs or loading

Alternative access must be provided

Even when an owner’s lift access card is deactivated, management must provide another safe and reasonable way in. That can include:

  • Entering through the security checkpoint after registering or signing the visitors’ logbook.
  • Using a basic lift or service staircase to reach the unit.

Nga said the restrictions are “not an absolute licence” to deny owners access to their own units.

The court case behind it

On 26 October 2026, the Court of Appeal ruled in SL Land Sdn Bhd and Foong Wei Ching v JMB Sentral Bazar Nilai. It found that the JMB acted unlawfully when it refused entry to an owner’s representatives in 2023. The court said the regulations allow an inconvenience and a record, but not exclusion. It granted an injunction against blocking access and ordered the JMB to pay RM50,000 in costs.

How management can recover arrears instead

  • Written demand: give the owner at least 14 days to pay (Section 34, Strata Management Act 2013).
  • Strata Management Tribunal or court: claims can be filed at the tribunal without a lawyer.
  • Attaching movable property: with a warrant from the Commissioner of Buildings (Section 35).
  • Instalment plans: a written instalment scheme can suspend card deactivation and facility restrictions while arrears are paid. Reactivating a card costs no more than RM50.

The ministry is reviewing the Strata Management Act 2013 to strengthen fee recovery while protecting owners’ basic rights, and encourages instalment plans for owners in genuine financial difficulty.

What it means for owners and buyers

  • Owners: falling behind on maintenance fees can still cost you access cards, facilities and parking, plus legal action. If you are struggling, ask your JMB or MC for a written instalment plan early.
  • Buyers: maintenance fees and the sinking fund are a long-term cost, so include them in your budget alongside the loan. Buildings where most owners pay on time are usually better maintained.
  • Buyers of sub-sale units: ask for a statement confirming there are no outstanding charges before completing the purchase.

Maintenance fees for selected Penang new launches

ProjectAreaEstimated maintenance fee
G’VintonGeorge TownRM0.55 psf, including 10% sinking fund
Scott @ LoganGeorge TownRM0.40 psf plus 10% sinking fund
The CrownTanjung TokongRM0.41 psf, including sinking fund

Fees are the developers’ estimates and may change after handover. Check your total monthly cost with our mortgage calculator and DSR calculator.

Frequently asked questions

Can a JMB deactivate my access card for unpaid maintenance fees?

Yes, 14 days after you receive a notice of arrears, if the amount is still unpaid. But it must still let you reach your unit by another safe route.

Can management stop me from entering my unit?

No. The Court of Appeal ruled on 26 October 2026 that the regulations do not allow management to exclude owners from their property.

What else can management do to recover arrears?

Send a written demand, file a claim at the Strata Management Tribunal or court, or apply to the Commissioner of Buildings to attach movable property.

How much does it cost to reactivate an access card?

The by-laws cap the reactivation charge at RM50.

Buying a strata home in Penang?

I can help you compare maintenance fees and total monthly costs across new projects. WhatsApp or call +60 10-313 9113.

Sources

This article is general information based on ministerial statements, a court ruling and published reports as of 2 November 2026. It is not legal advice; for a specific dispute, consult a lawyer or the Strata Management Tribunal. Maintenance fees are developer estimates.

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