Condo parking disputes in Malaysia (2026): accessory parcels, allocated bays, clamping and where to complain

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By Jason Lim, REN 84424 · IQI Realty · Checked on 10 November 2026

This guide is for condo owners, landlords and tenants in Malaysia and Johor, including buyers from Singapore, Indonesia, India and China. The short answer: most parking fights come down to whether a bay is an accessory parcel on your own strata title or a common-property bay the management body lets you use. An accessory bay goes with your unit and cannot be sold on its own. Common-property bays follow the building’s by-laws, which allow towing and clamping, with clamp release capped at RM200.

Three kinds of condo parking bay

In Peninsular Malaysia, including Johor, ownership of condo units is governed by the Strata Titles Act 1985 (Akta Hakmilik Strata, Act 318) and day-to-day management by the Strata Management Act 2013 (Akta Pengurusan Strata, Act 757). The Strata Titles Act defines an accessory parcel as one shown in the strata plan as such and used, or meant to be used, with a main parcel. Common property is everything on the lot not comprised in a parcel or accessory parcel.

Type of bay	Who holds it	Sold separately?	Rules set by
Accessory parcel	You, on your unit’s strata title	No; it goes with the unit	You use it; by-laws on how you park still apply
Allocated common-property bay	All owners; managed by the JMB or MC	No; you have a right to use it	By-laws, house rules and general meetings
Visitor bay	All owners (common property)	No	By-laws and house rules
Extra bay rented from management	All owners (common property)	No	Terms set under the by-laws

The bay number on your car sticker is not proof that you own that bay. My strata title guide explains how the strata plan and title work.

How to check what you actually own

• Read the strata title. It shows the parcel, its share units and any accessory parcels. In Johor you can run a private search (carian persendirian) through iTanah, the online portal of the Johor Land and Mines Office (PTG Johor), or at a land office; see my land title search guide.
• No strata title yet? The land office shows only the developer’s master title, so check the schedules and plans attached to the sale and purchase agreement (SPA).
• Ask the management office for its car park register for the unit: bay numbers, whether each is an accessory parcel or an allocated bay, and any charge for extra bays.
• Match it on site, and tell your lawyer about any mismatch between the title, the SPA and the bays you are shown.

Buying a subsale? Put the bay numbers and their status in your offer letter; my subsale offer guide covers what to include.

Can bays be sold or rented separately?

Accessory parcels. Section 34(2) says rights in an accessory parcel cannot be dealt with or disposed of independently of the parcel it is attached to, and section 69 repeats the rule. You cannot sell your bay to a neighbour or keep it when you sell the unit. Renting is less clear: when a block of accessory car parks was let to outsiders as a business, the High Court (2022) and the Court of Appeal (reported December 2024) took different views on whether that was a prohibited dealing. Take legal advice before renting a bay on your title to someone outside the building.

Common-property bays. These are held for all owners and run by the JMB or MC, not something a developer or committee can sell. In September 2026 the Court of Appeal unanimously upheld a 2024 High Court decision about a Petaling Jaya development where hundreds of bays that were legally common property had been sold as strata parcels or turned into accessory parcels. The courts ruled they were common property, found fraud or false misrepresentation by the developer and a related company, and held bank security over those parcels invalid (The Edge Malaysia, 19 October 2026).

What management can do is regulate use. Sections 32(3) and 70(2) of the Strata Management Act list “parking” and common property whose use is restricted as subjects for additional by-laws, passed by special resolution and filed with the COB within 14 days (JMB) or 30 days (MC). That is the usual basis for allocating bays, renting extra ones or setting visitor rules. If a committee rents out bays without such a decision behind it, ask to see the resolution.

Clamping, towing and fines: what the by-laws say

Every strata scheme is bound by the standard by-laws in the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015. By-law 25 covers vehicles:

By-law 25	In short
(1) Improper parking	Park properly in a designated bay without obstruction, or the management body may tow or clamp the vehicle without prior notice, at the owner’s cost.
(2) Unauthorised vehicles	The same for unauthorised vehicles on common property, or vehicles outside a designated bay or in another owner’s bay.
Release charge	Set by management, no more than RM200, plus actual towing and holding costs. Management is not liable for damage from towing or clamping.
(3)–(5) Use of bays	No major repairs, no structures on any bay, no equipment left in the car park.
(7) Car alarms	Repeated false alarms can get a vehicle barred from the development for a period.

Additional by-laws on parking can carry a fine of up to RM200 per breach (sections 32(3)(i) and 70(2)(i)). That is why rules such as “no motorcycles in visitor bays” differ between buildings in the same street.

If your car is clamped, or someone uses your bay

• Take dated photos of the car, the bay, any signs and the notice before you pay.
• Ask which by-law or house rule was applied, and get a receipt. A clamp-release charge above RM200 exceeds the by-law cap.
• If someone keeps parking in your bay, by-law 25(2) covers vehicles in another owner’s bay: report it to management in writing with photos rather than blocking the car in.

Owners in arrears: can management take away parking?

Partly. Under by-law 6, an owner whose charges or sinking fund contributions stay unpaid 14 days after a written notice is a defaulter. Management may then charge interest of 10% a year (or a rate set at a general meeting), deactivate access cards with a reactivation charge of up to RM50, and suspend use of common facilities, “including any car park bay in the common property that has been designated for the use of the defaulter”. The wording covers common-property bays; an accessory parcel is on the owner’s own title.

There are limits. On 29 October 2026 KPKT told Parliament that management may suspend parking in common areas but must let a vehicle enter briefly to drop off passengers or belongings before it parks outside, and defaulters must still be able to reach their units (The Star, 29 October 2026). Days earlier the Court of Appeal ruled that sanctions cannot be used to keep an owner out of their own unit (Malay Mail, 27 October 2026). See my maintenance fee and sinking fund guide.

Visitor parking, tenants and abandoned cars

• Visitor bays are common property, so time limits and guardhouse registration come from the by-laws and house rules.
• Tenants are bound by the by-laws as well as owners (sections 32(4) and 70(3)). List the bays that come with the unit in the tenancy agreement; if you rent out rooms, agree in writing who uses the bay.
• Abandoned vehicles in common areas are the JMB’s or MC’s responsibility; councils need a formal request from the management body to act. In February 2026 the deputy housing minister said amendments to the Road Transport Act 1987 to widen council powers were being finalised (Malay Mail, 26 February 2026).

EV charging in your bay

By-law 25(4) bars any structure on a parking bay, and cables usually cross common property, so get the management body’s written approval before installing a charger, even in an accessory bay. My guide to EV charging and parking at JB homes covers the steps and costs.

Landed homes and gated estates

Set-up	Who holds the roads	Parking disputes go to
Gated community on strata titles	All owners (common property)	The JMB or MC, then the COB and the tribunal
Guarded neighbourhood on individual titles	Public; council roads	The council, and the police for traffic offences
Ordinary housing estate	Public	The council and the police

• MBJB’s guarded neighbourhood rules say a scheme cannot put physical barriers on public roads or restrict entry and exit by residents or the public.
• In August 2026 an MBJB councillor asked residents to report illegally parked vehicles to the council (The Star, 17 August 2026).
• In January 2023 MBJB said premises using objects to “reserve” public parking would get RM500 compounds under section 46 of the Street, Drainage and Building Act 1974 (The Star, 2 January 2023).
• Parking was among the main neighbour complaints MBJB and MPKu received in 2023 (The Star, 27 November 2023). See my neighbour dispute guide and gated and guarded homes guide.

Where to take a parking dispute

1. Write to management, quoting the bay number, the by-law and your evidence.
2. Use the general meeting. Owners can change house rules and additional by-laws; my condo AGM guide explains special resolutions and proxies.
3. Go to the COB. The Commissioner of Buildings (Pesuruhjaya Bangunan) at MBJB, MBIP or MPKu supervises management bodies under Act 757.
4. File with the Strata Management Tribunal. It hears claims in the Act’s Fourth Schedule, such as enforcing by-laws or challenging resolutions, up to RM250,000; a residential Form 1 costs RM100 through KPKT’s e-TPS system. See my tribunal guide.
5. Go to court for title questions. The tribunal cannot decide disputes over title to land (section 105(3)), so who owns a bay on the strata plan is for the civil courts.

This guide is general information, not legal advice; confirm your position with the COB or a lawyer.

Before you buy: a parking checklist

• How many bays come with the unit, and are they accessory parcels or allocated bays?
• Side by side or tandem, covered or open, near your lift lobby?
• Can you rent an extra bay, and at what monthly charge?
• Visitor rules, motorcycle rules and any EV charger policy.
• Past disputes over bays, clamping or abandoned cars in the AGM minutes; my condo management checklist lists what to ask for.

When I arrange a viewing, I ask the seller and the management office for the bay numbers, their status and the parking rules, so you know before you book. For a wider comparison, see condo vs landed vs SOHO.

Where to buy if this matters to you

• Mount Austin: many completed condos to compare, plus landed estates.
• JB Sentral and Bukit Chagar: high-rises near the CIQ and the RTS Link station.
• Tebrau, Setia Indah and Molek: condos and gated strata homes.
• Iskandar Puteri: newer buildings and gated estates.
• Permas Jaya and Senibong: east-side condos, old and new.

Compare them on my JB property map.

More Johor living guides: Water leaks from the unit above · Arrears and apportionment in a subsale · Home security for landed homes in JB · Moving in: utilities and internet in JB · Noisy neighbours

Frequently asked questions

Can my condo management clamp or tow my car?

Yes, within the by-laws. The standard by-laws under the Strata Management (Maintenance and Management) Regulations 2015 let the management body tow or clamp a vehicle parked improperly, outside a bay, in another owner’s bay or without authorisation, without prior notice. Clamp release is capped at RM200, plus actual towing and storage costs.

Can a developer or JMB sell me an extra parking bay?

An accessory parcel belongs to the unit it is attached to and cannot be sold separately. Common-property bays are held for all owners, so a management body can allocate or license them under the by-laws, not sell them. In September 2026 the Court of Appeal upheld a ruling that bays a developer had sold off were common property.

Can I rent out my condo parking bay?

Letting a neighbour use your accessory bay is common, but the Strata Titles Act stops an accessory parcel being dealt with separately from its unit, and courts have differed on letting bays to outsiders. Check the by-laws and ask a lawyer before a formal rental to someone outside the building.

Can management stop me parking if I owe maintenance fees?

If charges stay unpaid 14 days after a written notice, the by-laws let management suspend a common-property bay designated for the defaulter and deactivate access cards. KPKT said in October 2026 that the car must still be let in briefly to drop off passengers or goods.

How do I know if my parking bay is an accessory parcel?

Check the strata title, which lists accessory parcels attached to the unit; in Johor you can search it through PTG Johor’s iTanah portal or at a land office. Without a strata title, check the SPA’s schedules and plans and the management office’s car park register.

Where do I complain about a condo parking dispute in Johor?

Write to the management office first, then go to the Commissioner of Buildings (COB) at MBJB, MBIP or MPKu, then the Strata Management Tribunal, which hears claims up to RM250,000 for a RM100 residential filing fee. A dispute over who owns a bay on the title goes to the courts.

Checking the parking before you buy?

Tell me the projects you are considering and how many cars you have. I will check how many bays come with each unit, whether they are accessory parcels and what the parking rules are, then arrange viewings. You can also book an appointment, or a Zoom consultation if you are abroad.

Sources: Strata Titles Act 1985 (Act 318), section 4 (definitions of accessory parcel and common property), checked November 2026; Strata Titles Act 1985, section 34, checked November 2026; Strata Titles Act 1985, section 69, checked November 2026; Strata Management Act 2013 (Act 757), section 32 (JMB additional by-laws), checked November 2026; Strata Management Act 2013, section 70 (MC additional by-laws), checked November 2026; Strata Management Act 2013, section 105 (tribunal jurisdiction), checked November 2026; Strata Management (Maintenance and Management) Regulations 2015, P.U.(A) 107 (copy published by DBKL), in force June 2015, checked November 2026; KPKT, Strata Management (Strata Management Tribunal) Regulations 2015, P.U.(A) 103, June 2015; KPKT, Soalan Lazim Tribunal Pengurusan Strata, updated July 2025; KPKT, e-TPS portal, checked November 2026; MBJB, Info MBJB (Bahagian Pesuruhjaya Bangunan), June 2018; Pejabat Tanah dan Galian Johor, Manual Pengguna iTanah Johor (public user manual), 2026; Malay Mail, “Buying a strata home? The rules that can govern your pets, parking and even your access card”, 29 September 2026; The Edge Malaysia, “When common property is sold off”, 19 October 2026; Malay Mail, “Locked out over maintenance fees? Court says JMBs can’t do that”, 27 October 2026; The Star, “Strata management must provide alternative access to maintenance fee defaulters, says Nga”, 29 October 2026; Malay Mail, “Councils may soon be able to tow away abandoned cars in condos and flats”, 26 February 2026; MBJB, gated community and guarded neighbourhood flyer, uploaded June 2024; The Star, “JB neighbourhoods face gridlock, indiscriminate parking”, 17 August 2026; The Star, “RM500 fine for those caught ‘reserving’ parking spaces, says JB mayor”, 2 January 2023; The Star, “Parking issues, pet problems top tiffs among neighbours”, 27 November 2023

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 10 November 2026, not legal advice. By-laws differ between buildings, and strata laws and court decisions change; confirm with the Commissioner of Buildings at your council, the Strata Management Tribunal or a lawyer before you act.