Contributed by koh Kean Kang

On Feb 26, 2026, a statement in the Dewan Rakyat by Deputy Housing and Local Government Minister Datuk Aiman Athirah Sabu sparked a nationwide debate among strata dwellers. The deputy minister asserted that local councils in Peninsular Malaysia have no authority to take action against abandoned vehicles within strata-titled properties unless a Joint Management Body (JMB) or Management Corporation (MC) formally requests it.

While this framing respects the boundaries of municipal jurisdiction, a strict reading of the law reveals a more nuanced reality. The deputy minister’s statement is legally incomplete because it overlooks two critical factors: Firstly, the existing statutory architecture that allows for concurrent municipal enforcement, and secondly, the absolute legal protection afforded to accessory parcels which refers to the privately owned parking bays where abandoned vehicles actually sit.

Why councils are not powerless

The Strata Management Act (SMA) 2013 was enacted to ensure the proper maintenance and management of buildings and common property. Under Section 21(1)(a) and Section 59(1)(a), JMBs and MCs are legally mandated to manage shared areas. However, this does not create a private regime immune from public law.

The SMA operates within Malaysia’s broader statutory system. The Commissioner of Buildings (COB), who functions within the local authority structure, has immense supervisory powers. To suggest councils are powerless contradicts the SMA itself. The COB can direct management bodies to perform their duties, investigate complaints and even initiate enforcement proceedings. The correct legal stance is not that councils cannot act but rather that they must act through the proper statutory mechanism already provided in the SMA.

While the deputy minister appeared to suggest that management bodies have the primary authority and legal responsibility to manage abandoned vehicles, she overlooked the fact that local councils have even wider powers under the LGA.  

Notably, section 80 of the Local Government Act 1976 (LGA) imposes a mandatory duty on local authorities. It states that the local authority “shall take steps to remove, put down and abate all nuisance of a public nature” within its area, whether on public or private premises. Combined with Section 72 LGA, which empowers authorities to remedy conditions that are dangerous to health, it is clear that municipal jurisdiction is not displaced merely because the land is strata-titled. An abandoned vehicle leaking fluids or obstructing fire lanes is a public safety hazard that councils are legally obligated to address.

In light of this, the deputy minister’s statement that local authorities have no jurisdiction to take action unless there is an official application or cooperation from the JMB or MC is not accurate. 

The limit of management bodies’ power

The Strata Management (Maintenance and Management) Regulations 2015 (SMReg), specifically the Third Schedule, contains by-laws that prohibit parcel owners from obstructing common property or causing a nuisance.

An abandoned vehicle on common property, such as a visitor bay, constitutes a plain interference with the use and enjoyment of the property by others. In such cases, the law does not leave residents in a vacuum. If a management body refuses to act, residents can take the matter to the Strata Management Tribunal. Under Section 120 of the SMA, a Tribunal award is treated as a court order. This provides a pathway for enforcement even if the management body is resistant.

However, the management body’s powers are significantly more restricted regarding privately owned parking bays.

Under the Strata Titles Act 1985, a parking bay assigned to a specific unit is an accessory parcel. Legally, this bay is part of the owner’s private property which is no different than their living room or bedroom. The SMA stops short of giving management bodies the explicit power to seize or dispose of property from a private accessory parcel. For a management body to tow a car from a private bay, without a court order or authority under by-law, is to invite a costly lawsuit for trespass.

In contrast, local councils operate under the wider authority of the LGA, which explicitly empowers them to abate public nuisances even on private premises. While the deputy minister suggests that a formal request from a management body is a prerequisite for action, Section 80 of the LGA provides the Council with the independent statutory power to remove such nuisances. 

Public safety and the regulatory blind spot

If the industry accepts the blanket rule that councils have zero authority inside strata areas, then it is creating dangerous regulatory blind spots:

1. Fire safety: Abandoned vehicles often block emergency access routes.
2. Environmental health: Decaying vehicles attract pests and leak hazardous chemicals into the drainage system.
3. Crime prevention: Unattended vehicles can become hubs for illicit activity or vandalism.

These risks implicate public law norms that cannot be entirely privatised. The Uniform Building By-Laws and municipal health statutes continue to operate concurrently with the SMA. The management powers of a JMB do not extinguish the regulatory authority of the local council, meaning that they are meant to coexist.

The way forward: Legislative clarity

The deputy minister noted that regulations issued in 2020 are being reviewed, including the incorporation of the Road Transport Act (Act 333) to allow for easier vehicle disposal. This is a welcome step, as it is expected to establish a more streamlined and organised procedure.

Until the law explicitly defines a derelict vehicle on a private accessory parcel as a statutory nuisance that can be abated by management bodies without the assistance of local councils, management bodies will remain in a legal stalemate. Management bodies must exercise extreme caution, acting on a request to tow a vehicle from a private bay without the authority of a specific by-law passed via Special Resolution could expose the management body to a costly lawsuit for trespass.

The reality is that management bodies have a statutory duty to act on common property and councils have a concurrent power to act where public safety is at stake. However, the sanctity of the private accessory parcel remains the immovable object in this debate. For the Malaysian strata community, the reward for clarifying these laws will be safer, cleaner and more functional living environments, protected by both the management body and the strength of municipal law.

This article was first published in StarBiz 7.