Court of Appeal: a JMB cannot bar owners from their units over unpaid charges

By

A joint management body (JMB) cannot stop owners from entering their own units because maintenance charges are unpaid. That is the Court of Appeal’s decision of 26 October 2026, as reported by Free Malaysia Today (FMT) and other outlets.

The court’s full written grounds of judgment have not been published yet. This article is based only on news reports of what the court decided and said, and on the text of the law.

What the court decided

According to FMT, a three-member bench chaired by Justice Alwi Abdul Wahab, with Justices Shahnaz Sulaiman and Ong Chee Kwan, unanimously allowed an appeal by SL Land Sdn Bhd and Foong Wei Ching against the JMB managing Sentral Bazar in Nilai, Negeri Sembilan.

The court set aside a High Court ruling that had upheld the JMB’s power to impose conditions on entry by defaulters under the Strata Management (Maintenance and Management) Regulations 2015.

FMT reports that the court:

  • declared unlawful the refusals to allow SL Land’s directors and authorised agents to enter their units on 4 May and 20 June 2023;
  • ruled that requiring the company’s shareholders to be present or to consent before entry was not authorised by law;
  • granted an injunction preventing the JMB from blocking access, while preserving its powers under the regulations and reasonable, non-discriminatory security arrangements applicable to all proprietors;
  • set aside the High Court’s RM30,000 costs order, awarded SL Land nominal damages, and ordered the JMB to pay RM50,000 in costs for proceedings in both courts.

What the judge said, as reported

Justice Ong delivered the court’s broad grounds. FMT reports him as saying that the regulations specify the measures a JMB may take against defaulters, including deactivating access cards, requiring defaulters to sign a register when they need help to enter or leave the building, and suspending their use of common facilities and services.

According to the report, these measures did not authorise a JMB to exclude an owner from his or her own property. FMT quotes him as saying: “The sanction it authorises is an inconvenience and a record. It presupposes entry. It does not authorise exclusion.”

What the minister said in Parliament

On 29 October 2026, Housing and Local Government Minister Nga Kor Ming referred to the decision in a Dewan Rakyat reply read on his behalf by Education Minister Fadhlina Sidek, according to The Edge Malaysia and The Sun.

The Edge reports him as saying that management bodies must provide reasonable and safe alternative access. For example, an owner whose lift access card has been deactivated must still be allowed to enter through security checkpoints and use basic lifts or service staircases. He also said the ministry was reviewing the Strata Management Act 2013.

What the law already allows

The Strata Management Act 2013 (Act 757) and the by-laws in the Third Schedule to the 2015 Regulations set out the steps a JMB may take. While a JMB manages a development, the by-laws’ references to the “management corporation” are read as references to the JMB (by-law 2(1)(a)).

  • Paying on time. An owner must pay the charges and sinking fund contribution within 14 days of receiving a notice from the JMB (section 25(5)). Interest on late payment may not exceed 10% a year (section 25(6)(b)).
  • Defaulters’ list. A list of defaulters, their parcels and the amounts unpaid may be displayed on the notice boards, updated monthly (by-law 6(3)).
  • Access cards. After the 14 days, an access card, tag or transponder may be deactivated without prior notice until the arrears are paid, and a reactivation charge of up to RM50 may be imposed. The owner may have to sign a defaulters’ register book each time they need help to enter or leave (by-law 6(4)).
  • Common facilities. Use of common facilities or services may be stopped, including a car park bay in the common property designated for the defaulter (by-law 6(5)).
  • Instalments. The JMB may agree a written instalment scheme, and may hold back the steps above while it runs (by-law 6(6)).
  • Recovering the debt. The JMB may serve a written demand giving at least 14 days to pay, then claim in court or at the Strata Management Tribunal, or apply to the Commissioner of Buildings to attach the owner’s movable property (sections 34 and 35). Management corporations have similar powers (sections 78 and 79).

The Tribunal can hear claims to recover charges and sinking fund contributions of up to RM250,000 (section 105(1) and Fourth Schedule, Part 1, item 3).

What this means for owners, tenants and JMBs

Owners. The decision, as reported, concerns entry to your own unit. It does not cancel arrears. Unpaid charges remain payable, carry interest and can lead to a Tribunal claim or court action. If you dispute an amount, raise it in writing with the JMB.

Tenants. Restrictions against a defaulter extend to the owner’s family, tenants and occupiers (by-law 6(1)(b)). Check your tenancy agreement on who pays the charges.

JMBs and management corporations. Use the statutory steps, keep records of notices and demands, and ensure security instructions do not stop any owner reaching their own unit.

Video summary

Our short video on this report: “Can a JMB lock owners out over unpaid fees? Court of Appeal #Shorts”.

This article is general information only and is not legal advice. For advice on your own situation, please contact us, email us at [email protected] or call us (Kuala Lumpur: +603 2201 6336; Puchong: +603 8066 2889).

Sources