Can Defaulters Vote
at a Strata AGM? (Malaysia)

General guidance for 2026 — not legal advice. The Strata Management Act 2013 and its 2015 Regulations govern this; confirm specifics with your Commissioner of Buildings (COB) or a strata lawyer. Need strata repair/maintenance help? Ask us →

The annual general meeting (AGM) is where owners elect the committee, approve the budget, set the maintenance charge, and hold management accountable. Understanding who is entitled to vote — and what disqualifies a voter — is fundamental to every parcel owner. For context on how the AGM runs, see our strata AGM guide →.

Who has the right to vote at a strata AGM?

Under the Strata Management Act 2013, voting rights at a general meeting belong to registered parcel owners (proprietors). Each parcel owner may cast votes weighted by the share units allocated to their parcel — not one vote per person. Key rules:

• Voting is by share units — an owner of a larger parcel with more share units carries more voting weight.
• An owner who cannot attend may appoint a proxy to vote on their behalf, subject to the proxy rules in the Regulations.
• A company or body corporate that owns a parcel must appoint a representative to vote.
• Joint owners of a parcel vote as a single unit — they should agree on how their vote is cast.

Tenants and non-title residents: no voting rights

This is one of the most important clarifications in strata law: tenants, licensees, and residents who are not registered parcel owners have no voting rights at a general meeting.

• A tenant who has lived in the unit for years has no vote at the AGM.
• A family member residing in the unit who is not on the title cannot vote.
• Only the person or entity registered as the proprietor of the parcel (or their duly appointed proxy) may vote.

This is why owners who rent out their units should consider whether they want to attend (or appoint a proxy) themselves, rather than assuming their tenant will represent their interests. See tenant obligations in strata →.

Defaulters: voting rights and arrears

The principle under the Strata Management Act 2013 is that a parcel owner who is in arrears of Charges (maintenance fees) or sinking-fund contributions is generally not entitled to vote at a general meeting until the outstanding sum is paid in full. This is designed to prevent owners who do not contribute financially from influencing how funds are spent.

Practical implications:

• If you have any outstanding balance on your maintenance or sinking-fund account at the time of the AGM, you may be turned away at the registration desk when you present your voting card.
• The management body will typically check arrears status before issuing a voting card at registration.
• Paying the arrears in full before the meeting — even on the same day — can restore your voting entitlement, subject to confirmation of receipt by management.

Confirm the exact provision and how your building applies it with your COB or a strata lawyer, as specific details can vary. For the framework governing arrears recovery, see service charge defaulters →.

Can defaulters attend and speak at the AGM?

While voting rights are tied to payment status, attendance at an AGM is generally open to all registered parcel owners. A defaulter who cannot vote may still be entitled to:

• Attend the meeting as an observer.
• Speak on agenda items, subject to the chairman’s discretion and the meeting rules.

The specific rights of a defaulter to speak (but not vote) are a matter of the meeting procedures and, ultimately, the chairman’s management of the meeting. If you have arrears, arrive early, raise the payment issue with management, and clarify your status before the meeting starts.

How the budget and Charges are approved at the AGM

One of the most consequential items at every AGM is the approval of the annual budget and the maintenance charge (Charges). Here is how it works:

1. The committee (or management) prepares a draft budget for the coming year, covering maintenance, insurance, sinking fund, and other expenses.
2. The budget is presented at the AGM. Owners have the opportunity to question or challenge line items.
3. The Charges are apportioned by share units — each owner’s contribution is proportional to their parcel’s allocated share units, not a flat fee per unit.
4. The budget is passed by ordinary resolution (simple majority of votes cast by those entitled to vote). Owners in arrears are excluded from voting on this critical item.

For a fuller explanation of how charges are calculated and set, see setting the maintenance charge →.

Disputing charges that seem too high

If you believe the maintenance charge is excessive or the budget is poorly managed, you have several options:

1. Raise questions at the AGM — ask management to justify specific budget line items. Request itemised breakdowns of expenditure.
2. Vote against the budget resolution — if you are not in arrears and have voting rights, cast your vote.
3. Propose amendments — bring a specific counter-proposal to the meeting (e.g., reduce a budget line and carry the saving forward).
4. Requisition an EGM — if the AGM cannot resolve the issue, owners holding the required share can call an EGM to revisit the budget or hold the committee accountable. See how to call an EGM →.

Crucially, the best way to ensure your voice counts on the budget vote is to clear your arrears before the meeting.

Calling an EGM over budget disagreements

If a majority of owners are dissatisfied with how funds are being managed — or the budget passed at the AGM was irregular — owners holding the required share (commonly at least 25% of aggregate share units, confirm with your regulations) can requisition an EGM. At the EGM they can:

• Pass a resolution to revise the budget or reduce the charge rate.
• Remove the committee and elect a new one.
• Appoint or replace the managing agent.
• Pass any other resolution that is within the general meeting’s authority.

Escalating to the COB or Tribunal

If the committee refuses to act on owner concerns, sets charges without a proper budget process, or mismanages the accounts, owners can:

• Lodge a complaint with the Commissioner of Buildings (COB) — the COB has powers to investigate and intervene in mismanaged schemes.
• File a claim at the Strata Management Tribunal — for disputes about charges, accounts, or management body conduct. See Strata Management Tribunal guide →.

Preventing loss of voting rights

Losing your vote at the most important meeting of the year because of an unpaid bill is avoidable. Practical steps:

• Set up a standing instruction or direct debit to pay your maintenance charges monthly — eliminate the risk of forgetting.
• Check your account balance with management a week before the AGM to confirm you are clear of arrears.
• If you dispute a charge, pay under protest and then dispute it through the proper channels — do not withhold payment and risk losing your vote.
• If you are unable to attend, appoint a proxy — even if you are not in arrears, a proxy ensures your share units count in a close vote.

Voting rights comparison table

Practical tips for parcel owners

• Stay current on maintenance charges — it is the single most effective way to protect your right to vote.
• Attend the AGM and read the accounts beforehand — an informed owner asks better questions and catches errors.
• If you disagree with the charge rate, use the AGM (or an EGM) as the forum — not non-payment.
• Appoint a proxy if you cannot attend — your share units matter in any close vote.
• Keep a record of every maintenance payment — receipts, bank statements — in case of a dispute about arrears status.

Owner options when disputes arise: a quick reference