Management Clamped or Towed My Car
— What Are My Rights in Malaysia?

This guide explains the law as it stands under Act 757 and the 2015 Regulations. It is general information, not legal advice. For advice on your specific situation, consult a qualified Malaysian property lawyer. WhatsApp ClickBina for a contractor or specialist referral.

The legal authority to clamp and tow in strata properties

The power to wheel-clamp or tow vehicles in strata developments in Malaysia does not come from the Road Transport Act 1987 — it comes from By-law 11 of the Third Schedule to the Strata Management (Maintenance & Management) Regulations 2015, made under the Strata Management Act 2013 (Act 757).

These prescribed by-laws apply automatically to every strata development in Malaysia (residential or commercial) as the baseline rules, unless the JMB or MC has passed additional by-laws to modify or supplement them at a general meeting. The Third Schedule by-laws carry the force of law — they are not merely house rules that management can invent arbitrarily.

Under By-law 11, the Joint Management Body (JMB) or Management Corporation (MC) has the authority to clamp or tow vehicles that are:

• Parked on common property without authorisation;
• Parked outside a designated parking bay;
• Parked in a bay designated for another proprietor; or
• Improperly parked in a way that obstructs adjacent vehicles or traffic flow.

This authority exists without prior notice to the vehicle owner, and the management corporation is expressly not liable for damage or loss caused to the vehicle during towing or clamping.

When is clamping or towing lawful?

Clamping or towing is lawful under Act 757 and the 2015 Regulations when the vehicle falls into one of the categories below. Management must still act reasonably and in accordance with the by-laws — arbitrary clamping of a vehicle correctly parked in its own bay is not authorised.

Fee cap — what you must pay to release your car

By-law 11 sets a statutory cap on the wheel-clamp release fee: the charge imposed by the management corporation shall not exceed RM200. On top of this, management can also recover the actual towing cost and holding charge incurred (i.e., what the tow truck operator charged, plus any storage yard fees).

This means:

• The clamp-release fee (management’s own charge) cannot exceed RM200 by law.
• Towing fees and storage/holding charges are recoverable at actual cost — there is no cap on the third-party tow truck bill, but management cannot inflate it.
• If management charges more than RM200 as the clamp fee (separate from towing), that excess is beyond what the Regulations authorise.

Practical tip: once you know where your vehicle is being held, retrieve it promptly. Storage yard fees accumulate daily and there is no cap on them.

What if it was your own allocated parking bay?

If your vehicle was clamped or towed from a parking bay that is your own accessory parcel (i.e., shown on your strata title as belonging to your unit), the clamping is not authorised under By-law 11. By-law 11 covers unauthorised vehicles in common property or other proprietors’ bays — it does not give management authority to clamp vehicles in a proprietor’s own accessory parcel bay.

In this situation:

1. Pay to release your vehicle first (to avoid accruing further holding charges), noting you are paying under protest.
2. Put your objection in writing to management immediately, stating the date, time, bay number and your strata title details showing the bay is your accessory parcel.
3. Request a full refund within 14 days.
4. If refused, file a claim at the Strata Management Tribunal (see below) — it has jurisdiction over such disputes up to RM250,000.

Accessory parcel vs common parking bay — understanding the difference

This is the root cause of many condo parking disputes. Under the Strata Titles Act 1985 (Act 318), a strata parcel (your unit) may have an accessory parcel attached to it — typically a dedicated parking bay shown on the strata plan and registered under your strata title.

Common parking bays, on the other hand, are part of the common property managed by the JMB or MC. Residents may use them under an informal allocation or a licence arrangement — but they do not own them. The JMB/MC has full authority over common property parking.

To find out whether your parking bay is an accessory parcel, check your strata title document or the approved strata plan lodged at the land office. If unsure, request a copy of the strata plan from management or the relevant land office (Pejabat Tanah).

Challenging a wrongful clamp

If you believe the clamping was not authorised under By-law 11 (e.g., your own bay, or management overcharged the clamp fee above RM200), take these steps:

1. Photograph everything before moving the vehicle — the clamp, bay markings, signage, and any notice left by management.
2. Pay under protest to retrieve your vehicle, noting this in writing to management on the day.
3. Write to management within 7 days citing By-law 11 of the Third Schedule and the specific reason the clamp was wrongful.
4. Request itemised fee receipts — the clamp release charge and any towing/storage receipts separately.
5. If no satisfactory response within 14 days, escalate to the COB or Strata Management Tribunal.

Making a formal complaint to management

Before escalating to external bodies, lodge a written complaint with the JMB or MC. Most by-laws and the Act require management to respond to formal written complaints. Your complaint letter should include:

• Date and time of the clamping / towing;
• Vehicle registration number and make/model;
• Bay number or location where the vehicle was parked;
• Your unit number and strata title reference (if the bay is an accessory parcel);
• Amount charged and your grounds for challenging it;
• Copies of any photos taken; and
• A clear request (refund, written explanation, or amendment of management practice).

Keep a copy of every letter and email. Management correspondence is important evidence if you proceed to the Tribunal.

Taking it to the Strata Management Tribunal

The Strata Management Tribunal (SMT), established under Part 11 (sections 107–136) of Act 757, is the correct forum for monetary disputes relating to strata property in Malaysia. It has jurisdiction for claims up to RM250,000.

The SMT is the right venue for:

• Recovering a wrongful clamp-release fee or towing charge;
• Disputing a charge that exceeds the RM200 cap under By-law 11; or
• Seeking compensation for damage caused to your vehicle during an unauthorised tow.

Filing process: Lodge a claim at the Tribunal office (under the relevant local authority / KPKT), pay the filing fee, and attend the hearing. SMT hearings are typically more accessible and faster than civil court, and legal representation is not compulsory. Read more in our Strata Management Tribunal guide →.

Role of the Commissioner of Buildings (COB)

The Commissioner of Buildings (COB) is the regulatory authority appointed under Act 757 to administer and enforce strata management law. The COB’s role in parking disputes is primarily supervisory — ensuring that JMBs and MCs operate within the law. You can lodge a complaint with the COB if management is systematically abusing its clamping powers, overcharging, or refusing to act on written complaints.

The COB can investigate, direct management to comply with the Act, and refer matters to the Tribunal. For individual monetary recovery (refund of a wrongful fee), the Tribunal is the more direct route.

Related reading: Understanding strata by-laws in Malaysia → and JMB problems & disputes →.

Lawful vs unlawful clamping — at a glance

How to prevent future parking disputes

• Know your parking entitlement: Confirm whether your bay is an accessory parcel (on your strata title) or a common property allocation.
• Read the house rules and by-laws: Request a copy of your building’s by-laws and house rules from management. Know the visitor parking limits.
• Display your resident sticker where required, and ensure it is current — many buildings use sticker systems to identify resident vehicles.
• Never park in unmarked areas or areas signed as visitor-only, fire lanes, or loading zones.
• Raise informal allocation disputes at the AGM if you believe common parking bays are being allocated unfairly by management.

Step-by-step: what to do if your car has been clamped or towed

1. Photograph the clamp, bay, signage and any notice left by management before doing anything.
2. Contact management to find out the fee and where the vehicle is (if towed). Ask for an itemised breakdown in writing.
3. Pay and retrieve your vehicle as soon as possible to limit storage charges. Note on the receipt that payment is under protest if you intend to challenge it.
4. Write a formal challenge to management within 7 days if the fee is above the RM200 cap or the bay was your own accessory parcel.
5. Escalate to COB or SMT if management fails to respond or refund within 14 days. See our Tribunal guide → for filing steps.
6. Consult a strata lawyer if the amount is significant or if management continues to clamp your own bay. WhatsApp ClickBina for a referral →

Sources & official references

• Strata Management Act 2013 (Act 757), Part 11 (Strata Management Tribunal, ss. 107–136) — Federal Government portal
• Strata Management (Maintenance & Management) Regulations 2015, Third Schedule By-law 11 (parking, wheel-clamp, tow powers and RM200 fee cap) — JMBMALAYSIA.ORG
• Strata Titles Act 1985 (Act 318), definitions of parcel and accessory parcel — JKPTG
• Mah Weng Kwai & Associates, An Introduction to Strata Management By-Laws (2023) — mahwengkwai.com
• Skrine Advocates & Solicitors, Can a parking lot which is an accessory parcel be dealt with independently? (2022) — skrine.com
• Commissioner of Buildings (COB) role overview — Ezri Law