KUALA LUMPUR – The issue of abandoned vehicles within strata-titled properties has recently drawn attention after Deputy Minister of Housing and Local Government, Datuk Aiman Athirah Sabu, stated in the Dewan Rakyat that local councils in Peninsular Malaysia “cannot take action against abandoned vehicles unless the Joint Management Body (JMB) or Management Corporation (MC) formally requests it.” While this statement has sparked discussion among residents, a closer review of existing legislation reveals a more nuanced legal landscape.
Under the Strata Management Act 2013 (SMA), management bodies are legally mandated to maintain and oversee all common property in strata developments. Prior to issuance of strata titles, the JMB manages the property; once strata titles are issued, the MC assumes these responsibilities. Sections 21(1)(a) and 59(2) of the SMA require these bodies to ensure common property—such as visitor parking bays, driveways, loading areas, and internal access roads—is properly managed, safe, and free of obstructions.
The Strata Management (Maintenance and Management) Regulations 2015 (SMReg) further enforce this, setting out by-laws prohibiting obstructions, nuisances, or hazards in common areas. Vehicles abandoned for extended periods may violate these rules, giving management bodies the authority—and responsibility—to act.
The Commissioner of Buildings (COB) operates within local authorities to supervise compliance with the SMA. Residents can lodge complaints regarding abandoned vehicles or other hazards, and the COB can investigate, direct management bodies to enforce by-laws, and even initiate enforcement actions. This framework ensures that strata governance is not solely private but integrated with public regulatory oversight.
Municipal authorities retain powers under the Local Government Act 1976, including Section 72, which allows them to address conditions injurious to health or constituting a nuisance. Abandoned vehicles that block emergency access, leak harmful fluids, or attract pests may fall under these powers, demonstrating that local councils can intervene even without a formal request in certain circumstances.
Malaysian law encourages reading statutes in harmony. The SMA regulates strata management, the COB oversees compliance, and municipal laws safeguard public welfare. Together, these overlapping mechanisms allow residents multiple avenues to address abandoned vehicles and maintain safe, well-managed communal spaces.
Residents facing persistent abandoned vehicles can:
Notify the JMB or MC to enforce by-laws.
Escalate complaints to the COB for investigation and directive action.
Approach the Strata Management Tribunal, whose decisions under Section 120 of the SMA carry legal weight equivalent to a court order.
The Ministry of Housing and Local Government is considering amendments to the Road Transport Act 1987 to further clarify enforcement powers regarding abandoned vehicles. These efforts aim to streamline processes but do not negate the existing statutory mechanisms.
Abandoned vehicles in strata developments are governed by a layered legal framework that integrates private management responsibilities with public oversight. The SMA, SMReg, and COB supervision, along with municipal powers, collectively provide multiple pathways for residents to seek resolution. While proposed legislative changes may refine enforcement, the current legal structure already equips communities to maintain safe, well-managed properties.
For property stakeholders in industrial land in Selangor, office space in Bukit Jalil, factories in Puchong, commercial property in KL, or industrial property in Subang area, understanding these strata management and municipal mechanisms is crucial for safeguarding property value, ensuring operational continuity, and maintaining safe communal areas.
Malaysia