Removing a JMB/MC Committee Member
in Malaysia: Legal Process & Grounds

This guide is for general information only and does not constitute legal advice. For specific disputes, consult a Malaysian property or strata lawyer.

Who can serve as a JMB or MC committee member?

Under Paragraph 2 of the Second Schedule to the Strata Management (Maintenance & Management) Regulations 2015 (P.U.(A) 107/2015), only a proprietor of a parcel within the development (or their nominee, if the proprietor is a company) is eligible to serve on the committee. Additional eligibility conditions include:

• Must be at least 21 years old.
• Must have fully paid all maintenance charges and sinking fund contributions at least 7 days before the AGM at which the election is held.
• Must not be an undischarged bankrupt.
• Must not have been convicted of a criminal offence involving dishonesty or fraud in the preceding 5 years.
• Must be of sound mind.

A person who is not a proprietor — for example, a tenant, a property manager, or a family member who is not on the title — cannot legally sit on the JMC or MCC. If they are doing so, any committee action they participated in may be challenged.

Grounds for removal or vacation of office

Malaysian strata law provides several distinct routes by which a committee member may lose their seat:

• No-confidence resolution passed at an EGM: Paragraph 3(3) of the Second Schedule, SMR 2015.
• Automatic vacation of office for missing three consecutive committee meetings without written leave: Paragraph 3(1)(i) of the Second Schedule.
• Ceasing to be a proprietor (sale, transfer or forfeiture of the parcel): Paragraph 3(1)(b).
• Adjudicated bankrupt.
• Convicted of a criminal offence involving fraud or dishonesty.
• Incapacity or unsoundness of mind certified by a medical officer.
• Falling into arrears of maintenance charges or sinking fund contributions beyond a period specified in the development’s by-laws.
• Resignation by notice in writing to the JMB/MC.

Automatic vacation of office: the three-meeting rule

One of the most practically useful provisions is the automatic vacation rule. Under Paragraph 3(1)(i) of the Second Schedule to the SMR 2015, a committee member (other than the chairperson, for whom the threshold may differ) automatically vacates office if they are absent from three consecutive committee meetings without the written leave of the chairperson.

This means:

• No EGM is required.
• No vote is needed.
• The vacation takes effect automatically by operation of law once the third consecutive unexcused absence is confirmed.
• The committee must formally record in the minutes that the seat is vacant.

In practice, some committees are reluctant to declare a member’s seat vacant even after three absences. If you are a fellow committee member or an aggrieved proprietor, you can bring this to the attention of the COB. A seat that is not formally vacated may be the subject of a Tribunal or court application for a declaration.

No-confidence EGM: the step-by-step process

Where automatic vacation does not apply — for example, the committee member is attending meetings but is performing poorly or acting improperly — the only mechanism for forced removal is a no-confidence resolution at an Extraordinary General Meeting (EGM). The process under the SMA 2013 and Second Schedule is:

1. Gather support. You need sufficient support to call an EGM. Under section 22 of SMA 2013, proprietors holding at least 25% of aggregate share units may requisition an EGM by written notice to the management body.
2. Submit a written requisition to the JMB/MC, specifying the resolution to be proposed (i.e., removal of the named member) and signed by the requisitioning proprietors.
3. Management must call the EGM within 6 weeks of receiving the valid requisition. If they fail to do so, the requisitioning proprietors may call the EGM themselves under section 22(5) of SMA 2013.
4. Issue EGM notice. At least 14 days’ written notice of the EGM must be given to all proprietors.
5. EGM proceeds. At the EGM, the no-confidence resolution is debated and voted on. A simple majority of votes cast is sufficient to pass the resolution.
6. Replacement elected. Under Paragraph 3(3) of the Second Schedule, a new member is elected at the same EGM to fill the vacancy.

See also our guide on how to call a strata EGM in Malaysia →.

Removal methods compared

The right route depends on why you want the member removed:

• Use the no-confidence EGM route when the member is competent enough to avoid automatic disqualification but is acting against proprietors’ interests, awarding contracts improperly, or obstructing transparency.
• Invoke automatic vacation when the member has clearly missed three consecutive committee meetings — document the minutes carefully and formally notify COB if the committee is slow to act.
• Flag ineligibility (e.g. the member is no longer a proprietor, or has maintenance arrears) as a lower-threshold alternative to an EGM — this does not require a majority vote, only a formal declaration.

How to call an EGM for removal: a practical checklist

• ☑ Confirm you have support from proprietors holding ≥25% of aggregate share units.
• ☑ Prepare a signed requisition letter naming the committee member to be removed and the grounds.
• ☑ Submit requisition to the JMB/MC secretary by registered post or hand delivery with acknowledgment.
• ☑ Track the 6-week deadline — if management does not issue EGM notice, you may call it yourself.
• ☑ Ensure the 14-day notice period is observed and all proprietors receive written notice.
• ☑ Prepare a replacement nominee who meets all eligibility criteria.
• ☑ Document everything — minutes, attendance, proxy forms, votes cast.

Electing a replacement committee member

Under Paragraph 3(3) of the Second Schedule, when a vacancy arises (whether by no-confidence vote, automatic vacation or any other cause), the proprietors at the EGM (or, if the vacancy arises between AGMs, at the next AGM) may elect a replacement. The replacement serves only for the remainder of the original member’s term unless a full election is held.

The replacement must satisfy all the eligibility requirements listed in Paragraph 2 of the Second Schedule — including being a current proprietor with no maintenance arrears. A well-run EGM will have the nomination and eligibility documents ready before the vote is held.

Developer-appointed vs proprietor-elected committee members

In a JMB (which exists before individual strata titles are issued), the developer nominates representatives to sit alongside proprietor-elected members on the Joint Management Committee (JMC). Developer nominees cannot be removed by a no-confidence vote by proprietors — they serve at the developer’s discretion until the JMB is dissolved. However, developer nominees are subject to the same automatic vacation rules (e.g. missing three consecutive meetings).

Once the MC is formed and the JMB is dissolved, developer representation on the committee ceases. All MCC members must be proprietors elected by proprietors. See our guide on the MC takeover from JMB → for the full transition process.

When to involve the Commissioner of Buildings (COB)

The COB is your escalation option when the committee refuses to follow the law. Situations warranting a COB complaint:

• The committee refuses to declare a member’s seat vacant after three unexcused absences.
• Management refuses to call an EGM after a valid 25%-supported requisition is submitted.
• An ineligible person (e.g. a non-proprietor, or someone with maintenance arrears) continues to sit on the committee.
• The committee is self-perpetuating and has not held a proper election for more than 15 months.

File your COB complaint in writing, with supporting documents. The COB can direct compliance, facilitate an AGM, or refer serious cases to the Strata Management Tribunal →.

Protecting yourself if you are falsely accused of vacating office

If you are a committee member and believe you are being wrongly removed or that your seat is being falsely declared vacant:

• Check the minutes. Request copies of all committee meeting minutes. If the absences recorded are inaccurate, dispute them in writing immediately.
• Retain your own records. Keep your own attendance log and any written leave of absence you submitted to the chairperson.
• Write to the committee formally disputing the vacation and requesting a response within 14 days.
• File a Tribunal claim for a declaration that you remain a valid committee member if the committee proceeds to act as if you are not.

What happens after a committee member is removed?

Once a member is validly removed or their office vacated:

• They must return all documents, accounts, keys and property belonging to the JMB/MC within a reasonable time.
• They cease to have authority to act on behalf of the management body — signing contracts, issuing notices or making payments after removal is ultra vires.
• The remaining committee members continue to function provided quorum for committee meetings is still met.
• The management body remains responsible for all obligations (maintenance charges, insurance, common property repairs) regardless of committee changes.

Related reading: JMB office bearers’ roles → and strata management committee guide →.

Sources & official references

• Strata Management Act 2013 (Act 757) — sections 22 (EGM requisition), 27, 64; lom.agc.gov.my
• Strata Management (Maintenance & Management) Regulations 2015 (P.U.(A) 107) — Second Schedule, Paragraphs 2, 3(1), 3(3), 7, 8; Lee & Partners (PDF)
• Donovan & Ho, "Replacing a Management Committee by EGM" — dnh.com.my
• Fareez Law, "Strata Management: Management Committees" — fareezlaw.com
• JY Ko Advocates, "Ultimate Guide to SMA 2013" — jykolaw.com
• Commissioner of Buildings (COB) — your local authority (DBKL / MBPJ / MBSA / MPSJ)