Understanding the common property definition in Malaysia is essential for anyone living in or managing a strata-titled development. Whether you’re a parcel owner, property manager, or potential buyer, knowing what constitutes common property and how it is shared among owners helps avoid disputes and ensures smoother community living.
What Is Common Property Under Malaysian Strata Law?
In Malaysia, common property refers to all parts of a strata development that are not part of any individual parcel. It is collectively owned by all parcel owners and managed by the management body. The legal framework governing this is primarily found in the Strata Management Act 2013 (Act 757) and the Strata Titles Act 1985 (Act 318).
Examples of common property include corridors, lifts, staircases, lobbies, swimming pools, gyms, and even the land on which the building stands. These areas are intended for shared use and benefit of all parcel owners.
Legal Framework Governing Common Property
The concept of common property is legally defined and regulated under several Malaysian laws. The two main statutes are:
- Strata Titles Act 1985 (Act 318): Defines common property and governs the issuance of strata titles.
- Strata Management Act 2013 (Act 757): Regulates the management and maintenance of common property through management bodies.
These laws ensure that common property is maintained properly and that all parcel owners contribute fairly to its upkeep.
Common Property Definition Malaysia: Key Characteristics
The term “common property” under Malaysian strata law has specific characteristics that distinguish it from private parcels. These include:
- Non-exclusive ownership: No single parcel owner can claim exclusive rights over common property.
- Shared responsibility: All parcel owners are legally required to contribute to the maintenance and repair of common property.
- Managed collectively: The management body, such as the Joint Management Body (JMB) or Management Corporation (MC), oversees the administration of common property.
Examples of Common Property in Strata Developments
To better understand the common property definition in Malaysia, it helps to look at practical examples commonly found in residential and commercial strata developments:
- Lobby areas and reception halls
- Corridors and staircases
- Elevators and lift lobbies
- Swimming pools and gymnasiums
- Car parks (if not designated to specific parcels)
- Security rooms and guardhouses
- Water tanks and electrical rooms
- Landscaped gardens and playgrounds
These areas are maintained using the sinking fund and maintenance charges collected from all parcel owners.
Ownership Rights Over Common Property
Although common property is not individually owned, each parcel owner holds an undivided share in it. This share is proportionate to the share unit assigned to their parcel, as stated in the strata title. This means that while no one can claim exclusive ownership, all owners have a stake in the common property.
These ownership rights are protected by law and cannot be transferred or sold separately from the parcel. The rights also come with obligations, such as paying maintenance charges and complying with house rules.
Usage Rights of Common Property
All parcel owners and lawful occupants have the right to use common property, provided they do not interfere with others’ rights or breach any regulations. For example, using the swimming pool is allowed, but hosting a noisy party that disturbs others may violate house rules.
Usage rights are subject to:
- House rules set by the management body
- Safety and security considerations
- Proper maintenance and upkeep
Disputes over usage are common, especially in high-density developments. Therefore, clear communication and enforcement of rules are essential.
Management and Maintenance of Common Property
The responsibility for managing and maintaining common property lies with the management body, which could be:
- Developer (during the initial period)
- Joint Management Body (JMB)
- Management Corporation (MC)
- Subsidiary Management Corporation (if applicable)
These bodies are responsible for collecting maintenance charges, enforcing house rules, and ensuring that common property is safe and functional.
Common Property Definition Malaysia: Role of Share Units
Share units play a crucial role in determining each parcel owner’s contribution to the maintenance of common property. The higher your share unit, the more you pay. Share units are calculated based on factors like parcel size, location, and usage type (residential or commercial).
This system ensures fairness and proportionality in sharing the financial burden of maintaining common property.
Disputes Related to Common Property
Disagreements over the use, maintenance, or alteration of common property are not uncommon. Common issues include:
- Unauthorized renovations affecting common areas
- Noise or nuisance caused in shared spaces
- Disputes over parking in common areas
- Allegations of mismanagement by the management body
Such disputes can be resolved through internal mediation, filing a complaint with the Commissioner of Buildings (COB), or legal action if necessary.
Common Property Definition Malaysia: Legal Remedies and Enforcement
When disputes arise, parcel owners have several legal remedies. These include:
- Filing a complaint with the COB
- Initiating proceedings in the Strata Management Tribunal
- Seeking court intervention for serious breaches
The Strata Management Tribunal offers a faster and more cost-effective way to resolve issues related to common property.
Insurance and Liability for Common Property
Management bodies are legally required to insure the building, including common property, against risks such as fire, natural disasters, and structural damage. The cost of insurance is included in the maintenance charges.
Liability for accidents or damage occurring in common property areas may fall on the management body if negligence is proven. Therefore, proper maintenance and safety measures are crucial.
Common Property Definition Malaysia: Practical Tips for Owners
- Attend Annual General Meetings (AGMs) to stay informed about common property matters.
- Pay maintenance charges on time to avoid legal action.
- Report damages or safety hazards in common areas promptly.
- Respect house rules and other residents’ rights.
- Participate in decision-making processes through voting and discussions.
Being proactive helps ensure that common property is well-managed and disputes are minimized.
Conclusion: Managing Expectations Around Common Property
Understanding the common property definition in Malaysia is more than just knowing what areas are shared—it’s about appreciating the legal, financial, and social responsibilities that come with strata living. By knowing your rights and obligations, participating in management, and respecting shared spaces, you contribute to a harmonious community.
Always manage your expectations realistically. Common property is a shared asset, and its upkeep depends on collective effort. Disputes and challenges may arise, but with proper knowledge and cooperation, they can be effectively managed.
