Your JMB or MC has a statutory duty under the Strata Management Act 2013 to maintain and repair common property. If they are ignoring repair requests, the law gives you a clear escalation path — from a COB complaint to a binding Tribunal order.
This guide is for general information only — not legal advice. Confirm your specific situation with the COB, Strata Management Tribunal, or a qualified Malaysian property lawyer.
The starting point is the statutory duty. Under the Strata Management Act 2013 (Act 757):
This duty is not discretionary. It is a legal obligation imposed by Parliament on the management body in return for the authority to collect service charges and contributions to the sinking fund from owners (Source: Lui & Bhullar, JMB and MC Legal Duties & Recovery of Maintenance Charges in Malaysia; JY Ko Advocates & Solicitors, Ultimate Guide to the Strata Management Act 2013; TYH Law Firm, Rights of Strata Owner Against the Joint Management Body in Malaysia). The duty to repair common property is not conditional on management’s agreement or the amount of funds available.
Understanding whether a defect is common property — and therefore management’s responsibility — is the first analytical step (Source: SMA 2013 (Act 757), definitions; JY Ko Advocates & Solicitors, Ultimate Guide to the Strata Management Act 2013):
| Examples of common property (management’s duty) | Examples of parcel (owner’s duty) |
|---|---|
| Lobby, corridors, staircases, lifts | Interior of each residential unit |
| Car park, driveway, fencing | Internal walls, floor finishes, ceilings (inner surface) |
| Roof, external walls, structural frame | Bathroom waterproofing (inner layer of private bathroom) |
| Pipes, drains, sewers serving >1 unit | Pipes serving only one unit (inside the unit) |
| Swimming pool, gymnasium, facilities | Air-conditioning units installed inside each parcel |
| Pump rooms, generator, electrical main risers | Private balcony (in some schemes) |
If you are unsure whether a defect falls on common property, refer to your strata title and the building’s approved plans, or ask the COB for a determination.
Management bodies commonly give the following reasons for not carrying out repairs. None of these reasons absolves them of their statutory duty:
| Option | Cost | Timeline | Outcome | When to use |
|---|---|---|---|---|
| Written complaint to management | Free | Depends on management | Repair (if management cooperates) | Always first step |
| AGM / EGM resolution | Free (if quorum) | Weeks to months | Binding resolution to repair | When management committee is the obstacle |
| COB complaint | Free | Weeks | COB direction to management; fine for non-compliance | After management ignores written complaints |
| Strata Management Tribunal | Low (no lawyer required) | Award within 60 days of first hearing | Binding order to repair; enforceable as court judgment | If COB direction is ignored or faster resolution needed |
| Civil court | High (lawyer required) | Months to years | Court order; damages; injunction | Claims > RM250,000 or where Tribunal lacks jurisdiction |
(Source: MahWengKwai & Associates, 10 Things to Know About the Strata Management Tribunal; JMBMALAYSIA.ORG, Strata Management Tribunal — How to Make a Claim)
Before invoking the COB or Tribunal, give management a paper trail that is clear and date-stamped:
Every JMB and MC is required under the SMA 2013 to hold an Annual General Meeting (AGM). As a parcel owner, you have the right to attend, raise issues and vote. If management is failing to carry out repairs, use the AGM to:
For how to call an EGM, see our guide: The Complete JMB Guide →.
The Commissioner of Buildings (COB) is the regulatory authority attached to the local city or municipal council responsible for enforcing the SMA 2013 (Source: SMA 2013 (Act 757), Part I — COB appointment and powers; KPKT). Filing a COB complaint is free and does not require a lawyer. Here is what to bring:
The COB can:
The COB process is often faster and more effective than many owners realise — management bodies are generally more responsive when a regulatory authority is involved.
The Strata Management Tribunal (SMT) has explicit jurisdiction to hear disputes about the exercise or failure to exercise a function, duty or power conferred by the SMA 2013 — which squarely covers a JMB or MC’s failure to repair common property (Source: SMA 2013 (Act 757), Fourth Schedule; MahWengKwai & Associates, 10 Things to Know About the Strata Management Tribunal; Aaron Mathews Advocates & Solicitors, Can You Sue Your Condo’s Management?). The Tribunal can issue a binding order requiring management to carry out specific repairs, and can award compensation for loss and damage caused by the delay in doing so. Awards are enforceable as civil court judgments.
No — and this is a critical point that many owners get wrong. Withholding or deducting service charges because management is failing to repair is not a permitted remedy under the SMA 2013. Service charges are a statutory obligation on parcel owners, and the SMA 2013 gives management the right to pursue defaulters through the Tribunal regardless of any maintenance dispute (Source: JY Ko Advocates & Solicitors, Ultimate Guide to the Strata Management Act 2013; Low & Partners, The Basic Procedure on How Strata Management Bodies May Recover Outstanding Maintenance Charges). If you withhold service charges, you may end up as the defendant in a Tribunal claim filed by management while your repair complaint is unresolved.
The correct path is: keep paying service charges while simultaneously pursuing management through the COB and/or Tribunal for the repair. For more on this, see our guide: Service Charge Defaulters →.
The sinking fund is a ring-fenced fund under SMA 2013 intended specifically for major repairs and capital expenditure on common property — for example, replacing a water pump, repairing the roof, or major lift overhauls. If management is refusing to repair because of claimed lack of funds, ask for a copy of the sinking fund balance and the most recent audited accounts — you have a statutory right to inspect them.
If the sinking fund has sufficient balance for the repair in question, management has no valid financial excuse for the delay. Include this in your written complaint and COB filing. If the sinking fund has been mismanaged or depleted improperly, that is a separate issue — see our guide: Service Charge Issues →.
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