KUALA LUMPUR, Sept 29 — As strata properties become an increasingly common choice for homebuyers, owning one involves more than paying a mortgage and maintenance fees.

While a new home may be your own, living in a strata development means not everything is entirely up to you. Residents are expected to abide by rules, commonly known as by-laws, governing how they use their units, facilities and common spaces.

The law behind strata by-laws

For those unfamiliar with them, these rules form part of the broader legal framework governing strata properties in Peninsular Malaysia and the Federal Territory of Labuan under the Strata Management Act 2013 (SMA).

Sarawak has its own Strata Management Ordinance 2019.

Sabah, meanwhile, passed the Building Management Enactment 2026, although it has yet to come into force.

In essence, the SMA provides for the management and maintenance of strata buildings and their common property, while setting out the rights and responsibilities of homeowners and management bodies.

Section 150 empowers the minister, after consultation with the National Council for Local Government, to make regulations for the implementation of the Act, including on the proper maintenance and management of buildings and common property.

What the standard by-laws cover

Because by-laws play a vital role in regulating daily life in a strata community, the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015 sets out 30 by-laws across eight parts.

Made under the SMA, these by-laws provide a standardised set of rules for strata properties in Peninsular Malaysia and the Federal Territory of Labuan.

They cover everyday issues residents may encounter, including nuisance, pets, vehicles, common facilities, security and unpaid charges.

Under the by-laws governing nuisance, for example, noise from electrical or electronic equipment, appliances or musical instruments used within a parcel or on common property must be kept at a low volume after 11pm to avoid disturbing other proprietors, unless prior written approval has been obtained.

For pet owners, the by-laws prohibit keeping animals in a parcel or on common property if they cause a nuisance or annoyance, pose a risk to the safety or health of other residents, or breach state or local authority laws and regulations.

For vehicles, improperly parked or unauthorised vehicles may be towed or wheel-clamped at the owner’s expense without prior notice.

Vehicle owners must also ensure their alarms are properly maintained to prevent frequent false alarms that could annoy other residents. Management may prohibit a vehicle from entering the development for a specified period if its alarm repeatedly causes a nuisance.

On security, management may require anyone on the common property to identify themselves and, if they refuse and are not a proprietor, require them to leave the common property or development area immediately.

The rules also give management certain powers when charges remain unpaid.

Management may display the names of proprietors with outstanding payments, along with their parcel details and the amount owed, on notice boards in the building. The list must be updated monthly.

It may also, after 14 days have passed from the defaulter receiving the relevant notice and without further notice, deactivate an electromagnetic access device — such as an access card or tag — until the outstanding sum is paid.

Management may also stop or suspend a defaulter from using common facilities or services, including a car park bay on common property designated for the defaulter’s use.

Buildings can set additional rules

The statutory by-laws are not necessarily the end of the story.

Under the SMA, a joint management body or management corporation may, by special resolution, introduce additional by-laws or amend existing additional by-laws, provided they are not inconsistent with the prescribed by-laws.

These may regulate matters including:

  • safety and security measures;
  • restrictions on the use of common property;
  • the keeping of pets;
  • parking;
  • floor coverings;
  • refuse control;
  • behaviour;
  • architectural and landscaping guidelines; and
  • fines of up to RM200 for a proprietor, occupant or invitee who breaches the by-laws.

For example, additional by-laws may introduce more detailed conditions governing pets, such as limits based on size or rules on where animals may be taken, provided those rules are consistent with the statutory by-laws.

They may also introduce stricter security requirements for visitors, such as requiring more detailed identification or documentation than the standard registration process.

That is why two buildings operating under the same statutory framework can still feel quite different from day to day: one may allow motorcycles in visitor bays while another may not; one may specify renovation hours while another imposes broader restrictions.

Can I challenge a by-law?

The short answer is yes.

Additional by-laws must comply with the SMA and cannot be inconsistent with the prescribed statutory by-laws.

The Strata Management Tribunal has jurisdiction over certain disputes involving by-laws and resolutions, including claims seeking to revoke amendments to by-laws, while the SMA also allows a management body or parcel owner or proprietor, as applicable, to seek orders from the Tribunal or a court to enforce a by-law, restrain a breach or recover damages arising from one.

Homeowners may also raise concerns over proposed or existing additional by-laws through their development’s general meeting process.