JMBs can go wrong in predictable ways — from a developer who won’t hold the first AGM to a committee that mismanages the sinking fund. Here is a practical problem-by-problem guide to the remedies available under Malaysian strata law.
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 →
No two JMBs are identical, but the problems they face tend to follow recognisable patterns. Whether the issue is a developer stonewalling on the handover, a Treasurer who has gone quiet, or an owner who has not paid charges in two years, the Strata Management Act 2013 gives owners and management bodies a clear set of tools to respond. This guide maps the most common JMB problems to their practical remedies. For the big picture on how a JMB operates, see our JMB complete guide →.
Before diving into specific problems, here is the landscape of remedies available:
The situation: Vacant possession has been delivered but the 12 months are passing and the developer has not announced or convened the first AGM. Owners are frustrated and the common property is deteriorating under the developer’s management.
Why it happens: Developers sometimes delay the first AGM to maintain control of the maintenance account for longer, avoid handing over incomplete works, or because of internal disorganisation.
Remedies:
See also our detailed guide: JMB first AGM & developer handover obligations →.
The situation: The first AGM has been held and the JMC elected, but the developer has not transferred the full maintenance account or sinking fund balance, or has failed to hand over as-built drawings, compliance certificates, or keys.
Why it matters: The JMB cannot properly manage the building without the funds and documents. Missing compliance certificates (e.g., lift CF, fire certificates) can expose the JMB to regulatory liability.
Remedies:
Do not allow the JMB to start operating without a proper written record of what was and was not handed over. See our developer-to-JMB handover guide →.
The situation: A proportion of owners are not paying their Charges or sinking-fund contributions, leaving the JMB short of cash to pay contractors, utilities, and insurance premiums.
Consequences: Cash shortfall can lead to unpaid contractors, lapsed insurance, delayed maintenance, and ultimately a deteriorating building that damages all owners’ values.
Remedies:
For a full guide to the recovery process, see service-charge defaulters →. A well-run Treasurer will report the arrears position at every committee meeting so the JMB can act early.
The situation: The JMC cannot reach decisions, or a few members (or the Chairman) are making decisions that benefit themselves rather than all owners — for example, awarding contracts to related parties, excluding other committee members from discussions, or refusing to hold the AGM.
Remedies:
The situation: The JMB’s accounts are not properly maintained, have not been audited, funds appear to have been misused, payments are being made without proper authorisation, or the maintenance account and sinking fund have been commingled.
Why it is serious: Financial mismanagement directly harms all owners. It can deplete the sinking fund needed for major repairs, expose the building to uninsured risk, and leave the committee members personally liable.
Remedies:
See strata accounts & audit guide → for what proper accounts should look like.
The situation: Common areas are dirty and poorly maintained; lifts break down frequently; the roof leaks; the car park lighting is broken — and the committee is not addressing it despite owner complaints.
Why it matters: Proper maintenance and management of common property is a core statutory duty of the JMB under the Strata Management Act 2013. Neglect is not just a convenience issue; it can create safety hazards and lead to more expensive remediation later.
Remedies:
For guidance on lift maintenance specifically (a common and costly area of neglect), see condo lift maintenance guide →.
The situation: The JMB’s committee has resigned en masse, the term has expired with no new AGM called, there are not enough committee members for a quorum, or the JMB has ceased to function effectively.
Consequences: Without a functioning JMB, common property management stalls, contractors may go unpaid, and the building can deteriorate rapidly.
Remedies:
Note that the JMB is distinct from the Management Corporation (MC), which is formed when strata titles are issued. Once the MC comes into existence, the JMB is dissolved and its funds and records pass to the MC. If strata titles are imminent, the management transition to the MC may be the more practical solution.
| Problem | First step | Escalation | Last resort |
|---|---|---|---|
| Developer not calling first AGM | Written demand to developer citing 12-month SMA 2013 obligation | COB complaint | Strata Management Tribunal application for compliance order |
| Incomplete handover of funds or documents | Record shortfall in AGM minutes; written demand to developer | COB complaint with evidence | Tribunal claim for return of funds or delivery of documents |
| Owners not paying Charges | Formal demand letter to defaulting owner | Tribunal claim for recovery of unpaid Charges | Enforcement of Tribunal order through courts |
| Deadlocked or self-serving committee | Written request for committee meeting; raise at AGM | EGM to remove and replace committee | COB complaint; Tribunal application |
| Mismanaged accounts / financial irregularities | Inspect accounts; raise in writing at AGM; request independent audit | EGM to replace committee; COB complaint with documentary evidence | Tribunal application; police report (if criminal conduct suspected) |
| Poor or neglected maintenance | Report specific defects in writing to management | COB complaint for direction to carry out works | Tribunal order compelling maintenance |
| Non-functioning JMB (committee resigned / no quorum) | COB complaint for intervention and appointment of managing agent | EGM requisition to elect new committee (if possible) | MC formation (if strata titles imminent) |
The COB is the primary regulator of strata management in Malaysia — operating within the relevant local authority (city council, municipal council, or district council) for the area where the building is located. The COB has broad powers under the Strata Management Act 2013 to:
COB complaints are generally free and do not require a lawyer. Bring: a clear written description of the problem, the key dates, any correspondence with the developer or committee, and any supporting evidence (account statements, photos of maintenance defects, AGM minutes). See strata management complaints guide →.
The Strata Management Tribunal provides faster and cheaper access to binding dispute resolution than the civil courts for many strata disputes. It can:
The Tribunal has a monetary limit for claims — confirm the current limit and whether your dispute falls within its jurisdiction with the COB or a strata lawyer. Claims above the limit must go to the civil courts. For a full guide to the Tribunal process, see Strata Management Tribunal guide →.
Most JMB problems are preventable with good governance from the start. Practical steps that avoid the disputes described in this guide:
| Factor | COB complaint | Strata Management Tribunal | Civil court |
|---|---|---|---|
| Cost | Free | Low (filing fee only) | High (legal fees) |
| Speed | Variable (COB’s discretion) | Faster than courts; target within months | Slow (can take years) |
| Binding order? | COB direction (enforceable) | Yes — Tribunal order is binding | Yes — court judgment |
| Best for | Regulatory non-compliance; non-functioning JMB; COB intervention needed | Money claims; compliance orders; disputes within monetary limit | Large claims; injunctions; appeals |
| Lawyer needed? | No | Generally no (self-represent is common) | Strongly recommended |
| Monetary limit | N/A (not a money-award forum) | Confirm current limit with COB/strata lawyer | Unlimited |
This guide cites Malaysian legislation and official bodies. Always confirm current rates and rules with the official source:
Tell us what you need — we reply within the hour.