A dispute with the JMB or MC over charges or a leak: court or Strata Management Tribunal?

Water is seeping through your ceiling from a common pipe, and the management office says it is your problem. Or the joint management body (JMB) or management corporation (MC) is demanding charges you dispute, or a resolution was passed at a meeting you were not told about. Most of these disputes can go to the Strata Management Tribunal, a forum designed to be quicker and simpler than court.

What the Tribunal can hear

The Tribunal is established under the Strata Management Act 2013 (s.102). It hears claims listed in Part 1 of the Fourth Schedule where the total amount sought does not exceed RM250,000 or another prescribed amount (s.105(1)). The list includes:

• disputes about a JMB's or MC's performance of, or failure to perform, its duties and powers under the Act;
• disputes on costs or repairs of defects in a parcel, building or common property (subject to the Housing Development Act provisions);
• claims for recovery of charges and sinking fund contributions;
• orders to convene a general meeting, or to invalidate proceedings or nullify resolutions;
• orders to revoke amendments to by-laws or vary the late payment interest rate;
• orders compelling the JMB or MC to supply information or documents;
• orders about insurance and consent to alterations of common property.

The Tribunal cannot decide a claim where title to land or an interest in land is in question (s.105(3)). The Limitation Act 1953 does not apply to Tribunal proceedings (s.105(2)).

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Who can file

Only these persons may file a claim: a developer, a purchaser, a proprietor, a JMB, an MC, a subsidiary MC, a managing agent, or any other interested person with the Tribunal's leave (s.107). A claim is made in the prescribed form (s.108).

Court or Tribunal?

Once a claim within the Tribunal's jurisdiction is filed there, the same issues cannot be litigated between the same parties in court unless the court case started first or the Tribunal claim is withdrawn, abandoned or struck out (s.106(1)). Court may be the better forum where:

• the claim exceeds the RM250,000 limit;
• title to land is in dispute;
• the dispute involves parties who cannot file in the Tribunal; or
• urgent injunctive relief is needed.

How the hearing works

• Every party may attend and be heard (s.110(1)).
• No party may be represented by a lawyer unless the Tribunal finds complex issues of law and one party would suffer severe financial hardship without one; if so, the other side may also be represented (s.110(2),(3)).
• A company may be represented by a full-time employee (s.110(4)).
• Proceedings are open to the public (s.111), and the Tribunal will first assess whether settlement is possible (s.112).

Awards and enforcement

The Tribunal should make its award without delay and, where practicable, within 60 days of the first hearing day, with reasons (s.117(1),(2)). It can order payment of money, compensation, refunds, rectification of by-laws, costs, and interest up to 8% a year (Fourth Schedule, Part 2).

An award is final and binding, deemed to be a court order and enforceable accordingly (s.120(1)). A party may apply to the High Court only on the ground of serious irregularity causing substantial injustice (s.121). Failing to comply with an award is an offence, with a fine of up to RM250,000, imprisonment of up to three years, or both, and a daily fine for continuing offences (s.123).

What should I do first?

1. Write to the JMB or MC setting out the problem and asking for action or documents.
2. Photograph and record the defect or leak, with dates.
3. Keep statements of charges and payments.
4. Check the deeds and by-laws that apply to your building.
5. File a claim with the Tribunal if the issue is not resolved.

Example

A parcel owner's unit is damaged by leakage from a common pipe. The MC refuses to repair it. The owner files a Tribunal claim for an order that the MC repair the pipe and pay for the damage to the unit. Lawyers do not appear. The Tribunal orders the repair and compensation.

Common mistakes

• Withholding charges in protest, which can lead to a counter-claim.
• Filing in court and in the Tribunal on the same issues.
• Not keeping records of complaints to management.
• Assuming the Tribunal can decide a dispute over land title.

When to speak to a lawyer

Speak to a lawyer when the claim may exceed the Tribunal's limit, involves land title, needs urgent relief, or when you must enforce or challenge an award. See our civil litigation page; you can also contact us.

Frequently asked questions

Can I stop paying maintenance charges until the leak is fixed?

Withholding charges is risky. Charges are recoverable as a debt and late payment interest may apply. File your own claim instead.

Can I appeal a Tribunal award?

There is no general appeal. An award can be challenged in the High Court only for serious irregularity (s.121).

Is there a time limit to file?

The Limitation Act 1953 does not apply to Tribunal proceedings (s.105(2)), but delay can make evidence harder to prove.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Strata Management Act 2013 (Act 757), AGC Laws of Malaysia
2. Ministry of Local Government Development (KPKT): Strata Management Tribunal – claims not exceeding RM250,000

Fact-checked on 18 Oct 2026