Parking disputes are among the most common complaints in Malaysian condominiums. Here is the law, your rights, and the step-by-step process to resolve them.
General legal information only — not legal advice. For your specific situation, consult a qualified Malaysian property lawyer. WhatsApp ClickBina for a referral.
Parking grievances in strata properties broadly fall into six categories, each with a different legal basis and resolution path:
| Dispute type | Common in | Governing framework |
|---|---|---|
| Neighbour consistently using my allocated bay | All strata developments | Strata Titles Act 1985 (accessory parcel rights) + By-law 11 |
| No bay allocated despite SPA promising one | Newly completed condos | Housing Development Act 1966 + SPA terms |
| Management removed my bay allocation | Common property allocations | Act 757 + COB / Tribunal |
| Visitor bays permanently occupied by residents | Older condos with limited parking | Third Schedule By-laws + house rules |
| Dispute over number of bays per unit | High-density condos | Strata plan + SPA + by-laws |
| Management charging for parking in common property bays | Large developments | Act 757, ss.32/70 + COB oversight |
By-law 11 of the Third Schedule to the Strata Management (Maintenance & Management) Regulations 2015 (made under the Strata Management Act 2013, Act 757) establishes the baseline parking rules for all strata properties in Malaysia:
These are the minimum prescribed rules. Your JMB or MC may have passed additional by-laws at a general meeting — for example, setting specific time limits on visitor parking or requiring resident stickers — which supplement By-law 11.
If your parking bay is an accessory parcel attached to your strata title (confirmed in your strata title document and the approved strata plan), you have a proprietary right to it. No other proprietor may park there without your consent, and management cannot reassign it without your agreement.
If a neighbour is repeatedly using your accessory parcel bay:
See also: Can JMB cut your access card or parking? →
Not all parking bays in a condo complex are accessory parcels. Many buildings have parking areas that form part of the common property, managed by the JMB or MC. Residents may be allocated a specific bay by management — but they receive a licence to use that bay, not ownership of it.
Key implications for common property parking:
If your Sale and Purchase Agreement (SPA) included a parking bay as part of the purchase and the developer has not delivered one upon vacant possession, this is a developer deficiency rather than a strata by-law issue. Your remedies include:
The Strata Management Tribunal does not have jurisdiction over developer SPA breaches — that falls under the housing tribunal or civil court.
Residents leaving their cars in visitor bays overnight or permanently is a chronic problem in Malaysian condos, particularly in older buildings with insufficient parking. Under Act 757, the JMB or MC has authority to:
If visitor bay abuse is endemic in your building, raise it formally at the next AGM and propose a specific additional by-law or management policy. Management cannot enforce visitor parking limits effectively without an explicit by-law backing them.
Under Act 757, the JMB or MC is obliged to enforce the by-laws, including By-law 11. Management does not have discretion to simply ignore a written, substantiated complaint that another proprietor is using your accessory parcel bay. If they fail to act, they may be found to have breached their statutory duty under Act 757, and you can bring a complaint to the COB or a claim at the Tribunal.
| Your complaint to management | What management should do | Time frame |
|---|---|---|
| Neighbour using your accessory parcel bay | Issue warning / clamp offending vehicle | Reasonably promptly |
| Visitor bay permanently occupied by resident | Enforce by-laws / clamp if by-law exists | After written complaint |
| Clamp fee charged above RM200 | Refund excess or justify in writing | Within 14 days is reasonable |
| Bay reassigned without notice | Explain basis; AGM resolution for changes to common property allocations | In writing |
| Dispute | First step | Escalation |
|---|---|---|
| Neighbour using my accessory parcel bay | Write to management with evidence | COB complaint → SMT if unresolved |
| No bay in SPA despite paying | Write to developer citing SPA | Homebuyers Claims Tribunal (TTPR/TTBS) |
| Management revoked common bay allocation | Raise at AGM; write to COB | SMT if breach of Act found |
| Visitor bay abuse (resident) | Write to management; propose by-law at AGM | COB if management refuses to act |
| Wrongful clamp / fee above RM200 cap | Write to management; pay under protest | SMT claim for refund |
A formal written complaint carries more weight than a verbal report. Your letter or email should:
Keep all correspondence. If management responds in writing, that document becomes part of your evidence if you later need to go to the Tribunal. See also our strata nuisance complaints guide →.
The Strata Management Tribunal (SMT), established under Part 11 of Act 757, hears disputes up to RM250,000. Parking disputes commonly brought before the SMT include:
Legal representation is not compulsory. The Tribunal is designed to be accessible to residents. Read the full process in our Strata Management Tribunal guide →.
The Annual General Meeting (AGM) is the legitimate forum for changing how parking is managed in your building. Under Act 757, additional by-laws (beyond the Third Schedule prescribed rules) can be passed, amended or repealed at a general meeting. Use the AGM to:
For JMB governance, see our JMB problems & disputes guide →.
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