Locked out over maintenance fees? Court says JMBs can’t do that
PUTRAJAYA, Oct 27 — Joint management bodies (JMBs) cannot bar owners from their own units over unpaid maintenance...
Strata Management (Maintenance and Management) Regulations 2015 have been found by the Court of Appeal to prohibit Joint Management Bodies (JMBs) from barring owners from their own units for unpaid maintenance fees. The court sent back a High Court ruling that had given JMBs the authority to impose conditions on entry by defaulters.
Barring an owner from entering their own unit, the court said, is a more severe step than the measures allowed in the regulations and infringes the owner's right to use and enjoy the property. The court ruled that a JMB does not have the power to keep an owner out of their unit without clear legal provisions. The appeals were backed by SL Land Sdn Bhd and Foong Wei Ching against the JMB managing Sentral Bazar shopping mall in Nilai, Negeri Sembilan.
The court halted the JMB's actions, which had blocked access to the unit on May 4 and June 20, 2023. The JMB was also ordered to pay RM50,000 in costs for the legal proceedings.
Written by urgent.news from Malay Mail's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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