The contested answer, grounded in the Strata Management Act 2013 — what management CAN do, what it cannot, and exactly what steps protect you.
This guide is for general information only and is not legal advice. Laws and by-laws may be amended; confirm your situation with the Commissioner of Buildings (COB), the Strata Management Tribunal, or a qualified lawyer before taking action.
Governing legislation: the Strata Management Act 2013 (Act 757) and the Strata Management (Maintenance & Management) Regulations 2015, which contain the Third Schedule by-laws. The body responsible for enforcement and dispute resolution is the Commissioner of Buildings (COB); owners and occupiers can also bring claims before the Strata Management Tribunal.
The Act gives management bodies — your Joint Management Body (JMB) or Management Corporation (MC) — real tools to recover outstanding service charges. But it also places firm limits on how those tools may be used. Many residents do not know those limits exist, and some management bodies — intentionally or not — act beyond them. Understanding the line protects you.
See also: JMB Complete Guide → and JMB Responsibilities & Duties →.
This is the comparison that most strata residents need. The right column is where many JMBs and MCs overstep:
| Action | Permitted? | Conditions / notes |
|---|---|---|
| Deactivate access card | Yes — with conditions | Written notice must be served; 14-day period must expire first (Source: BurgieLaw; MahWengKwai) |
| Bar owner/tenant from entering their parcel/unit | No — unlawful | Even with a deactivated card, entry to the unit itself cannot be denied; resident may use guardhouse/lift (Source: Low & Partners) |
| Cut or clamp electricity supply | No — unlawful | Management has no authority to disconnect a parcel’s electricity or water under the SMA 2013 (Source: MahWengKwai; Low & Partners) |
| Cut or clamp water supply | No — unlawful | Same as above; utility supply is protected (Source: MahWengKwai; Low & Partners) |
| Restrict parking bay (common property) | Conditional | Only valid if backed by a duly-passed additional by-law (AGM/special resolution); cannot be arbitrary (Source: SMA 2013 by-laws; Lexology) |
| Bar use of pool, gym or other facilities | Conditional | Same condition — must be authorised by a valid additional by-law; accessory parcel (owned) parking generally cannot be barred (Source: SMA 2013 by-laws) |
| Charge late-payment interest | Yes | Up to 10% per annum on outstanding amount (Source: MahWengKwai; SMA 2013 ss.77–79) |
| Issue a Letter of Demand | Yes | Standard first formal step in recovery |
| Claim at the Strata Management Tribunal | Yes | Proper recovery channel for unpaid charges (Source: MahWengKwai; SMA 2013) |
| Apply for Warrant of Attachment (s.79) | Yes | Applied for in writing to the COB; seizure of movable property in daytime in COB’s presence (Source: MahWengKwai; SMA 2013 s.79) |
| Suspend defaulter’s voting rights | Yes | Owners in arrears may lose voting rights at meetings (Source: SMA 2013) |
Access card deactivation is not automatic on non-payment. The by-laws under the Strata Management (Maintenance & Management) Regulations 2015 require the management body to follow a specific sequence:
Courts in Malaysia have held that deactivating an access card without proper written notice — or before the 14-day period has passed — is unlawful and not in accordance with the Act, and have ordered access to be restored. (Source: BurgieLaw case update; MahWengKwai.)
Practical point: if your card was deactivated without notice, or within the 14-day window, you have grounds to demand reinstatement and to file a COB complaint or Tribunal claim. Keep all notices and correspondence.
This is a hard rule under Malaysian strata law: even if your access card has been lawfully deactivated, management cannot bar you — as owner or tenant — from entering your own parcel. The right to occupy your unit is a property right; it is not extinguished by unpaid service charges.
In practice, this means the resident can still enter the building via the guardhouse or with the security guards’ assistance for lift access. Locking someone out of their home — physically preventing them from reaching their unit — is unlawful and constitutes a serious overstep by management. (Source: Low & Partners.)
If management or security staff physically refuse to allow you to enter your own unit, document the incident (date, time, names), then make a formal written complaint to the COB immediately.
No. This is one of the most commonly misunderstood points. Management bodies under the Strata Management Act 2013 have no authority to cut or clamp a defaulter’s electricity or water supply. Those utility connections are governed by the relevant utility provider (Tenaga Nasional Berhad for electricity, SYABAS/Air Selangor for water) and can only be disconnected by those bodies under their own legislation — not by the JMB or MC. (Source: MahWengKwai; Low & Partners.)
Any management body that clamps, disconnects or threatens to disconnect utilities is acting outside its powers. This is a valid ground for a COB complaint and, if damage results, a Tribunal or civil claim.
Restricting a defaulter’s use of parking bays, the swimming pool, the gymnasium or other common facilities is a contested area. The position under the SMA 2013 by-laws is:
If your building restricts parking or facilities for defaulters, check whether a valid additional by-law exists and whether it was properly registered. If not, the restriction may be challengeable at the Tribunal.
Understanding what management should do helps you anticipate the stages and respond appropriately if you are the defaulting party — or if you need to challenge improper action:
| Step | Action | Authority / notes |
|---|---|---|
| 1 | Late-payment interest accrual | Up to 10% p.a. on overdue amount (SMA 2013 ss.77–79; MahWengKwai) |
| 2 | Formal written reminder / statement of account | Internal management action |
| 3 | Written notice re: access card (start 14-day clock) | By-laws under Regulations 2015; required before card deactivation |
| 4 | Access card deactivation (after 14 days) | Conditional — unit access still cannot be barred |
| 5 | Letter of Demand (LOD) | Formal legal demand; often by solicitor |
| 6 | Claim at Strata Management Tribunal | Proper channel for recovery; fast, low-cost; Source: MahWengKwai; SMA 2013 |
| 7 | Warrant of Attachment of movable property (s.79) | Applied for in writing to COB; executed in daytime in COB’s presence (Source: MahWengKwai; SMA 2013 s.79) |
| 8 | Suspension of defaulter’s voting rights | Owners in arrears may not vote at AGM/EGM (SMA 2013) |
Notably absent from that list: cutting utilities, physically blocking unit access, or imposing restrictions without a by-law. Those steps are not part of the lawful recovery route.
For a full breakdown of what management bodies are and are not allowed to do, see Service Charge Defaulters Guide →.
If management has deactivated your card without proper notice, restricted your access to your unit, cut utilities, or imposed facility bans without a valid by-law, here is the recommended response sequence:
Tenants occupy a complicated position: service charge liability under the SMA 2013 sits with the proprietor (owner), not the tenant. A tenant owes nothing directly to the management body. But if the owner defaults, the tenant can suffer collateral effects — most commonly, an access card that stops working because the landlord has not paid.
Even in this situation, the tenant cannot be locked out of the unit. The same rule applies: management may restrict the access card, but the tenant must still be allowed to reach their parcel. (Source: Low & Partners.)
If you are a tenant whose card has been deactivated because of the landlord’s non-payment, see our full guide: Tenant Rights When the Landlord Won’t Pay Service Charge →.
Two routes are available to owners and occupiers who have suffered unlawful action by a management body:
Both routes are available simultaneously — a COB complaint can run in parallel with a Tribunal filing. Keep all correspondence, photographs, notices and payment records before you go.
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