Strata & Building Management
Two units, same size, different maintenance charge — when is that legal?
Two same-size units can lawfully pay different maintenance charges — but only for specific reasons. Share units are computed under the First Schedule formula (s.8(1)), and only a management corporation may set different rates, and only for parcels used for significantly different purposes (s.60(3)(b)).
Quick summary
Quick answer
Best for
Risk level
Buyer action
| Best for | Owners questioning what they pay, and buyers modelling the holding cost of a high-rise before they commit. |
|---|---|
| Risk level | Medium |
| Buyer action | Send Lewis your building name, the charge you pay and what you are trying to decide, and he will tell you what to check first. |
What you are paying for
What follows takes apart accessory parcels, unit type and the share unit formula explain most of it; the rest is a valid ground for challenge. The gap between what a building charges and what it actually costs to run is where value quietly leaks.
Separate the rate from the total
Almost every dispute about unequal charges dissolves once you separate two numbers. The total on your bill is share units multiplied by the rate per share unit. If your neighbour pays less in total but the two of you are on the same rate, the difference sits entirely in the share units — and share units are computed under the formula in the First Schedule to Act 757, which s.8(1) makes the governing method. That formula reflects more than raw floor area, so identical-looking units can carry slightly different figures for reasons that have nothing to do with anyone's discretion.
Under a developer or a JMB, the rate must be uniform
During the developer's management period, s.12(3) requires charges to be determined in proportion to the allocated share units of each parcel. During the joint management body period, s.25(3) says the same. In practice that means one uniform rate of charge per allocated share unit across every parcel, regardless of whether the parcel is a studio, a penthouse or a shop lot. There is no room at these stages for a management body to decide that one category of owner should be charged at a different rate.
Only a management corporation can set different rates, and only for different uses
The picture changes once the management corporation exists. Section 60(3)(b) allows the management corporation to determine different rates of charges for parcels used for significantly different purposes, and for provisional blocks. The classic application is a mixed development where residential parcels and commercial lots sit in the same scheme and impose genuinely different demands on common services. What s.60(3)(b) does not authorise is a different rate between two residential parcels of the same kind because one owner is more vocal or one block is newer.
If the rate really is different and you are still under a JMB
Ask for three things in writing: your allocated share units, the total share units for the scheme, and the current rate per share unit. Those three numbers let you reconstruct every bill in the building. If they show two rates operating during a developer or JMB period, cite s.12(3) or s.25(3) and ask for the basis. If the building is still in the developer's management period and the rate itself looks wrong, a purchaser who is not satisfied can apply to the Commissioner of Buildings, who reviews the charge and whose decision is final.
Verify this against your own building
Ask management for the latest audited accounts, the current charge rate per share unit and the sinking fund balance before you rely on anything here. Rates and building costs differ; the statutory framework does not.
Buyer checklist
Different total charge is normal — different rate per share unit usually is not. Under ss.12(3) and 25(3) the developer and a JMB must apply one uniform rate per share unit to every parcel. Only s.60(3)(b), and only once a management corporation exists, permits different rates, and only where parcels are used for significantly different purposes.
1
2
3
4
5
| 1 | Get your allocated share units, the scheme total, and the current rate per share unit — all three in writing. |
|---|---|
| 2 | Divide your total charge by your share units and do the same for the unit you are comparing against. |
| 3 | If the rates match, stop — the difference is in the First Schedule formula, not in the billing. |
| 4 | If the rates differ during a developer or JMB period, cite s.12(3) or s.25(3) and ask for the statutory basis. |
| 5 | If a different rate applies to commercial lots, confirm the management corporation exists and that s.60(3)(b) was the basis. |
Common questions
My unit is the same size as my neighbour's but I pay more. Is that legal?
It can be. Charges follow allocated share units computed under the First Schedule formula (s.8(1)), which reflects more than floor area. Check the rate per share unit before assuming the billing is wrong.
Can a JMB charge shops a different rate from apartments?
No. Section 25(3) requires charges in proportion to allocated share units, meaning one uniform rate per share unit for every parcel during the JMB period.
When can different rates apply?
Only under a management corporation, and only under s.60(3)(b), for parcels used for significantly different purposes and for provisional blocks.
What if the developer set a rate I think is wrong?
A purchaser who is not satisfied with the charge determined during the developer's management period may apply to the Commissioner of Buildings for a review; the Commissioner's decision is final.
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
Related reading
Use one buyer framework across different news.
Why your maintenance charge jumps after vacant possession — and whether you can stop it
Act 757 requires no budget before the developer sets your charge — a budget is first required for the JMB's inaugural AGM under s.18(4). That is why the rate quoted at launch so often rises at handover, and what the developer must transfer under ss.15(1)(a) and 16(1) when it does.
Lewis Conclusion
Treat the launch-day maintenance rate as an estimate by a party that does not have to justify it with a budget. When you model holding cost, model the rate that a real budget would support — and go to the inaugural AGM, because that is the meeting where the number becomes real.
How your maintenance charge is actually calculated — share units, not floor area
Malaysian maintenance charges are apportioned by allocated share units under the Strata Management Act 2013, not by floor area — s.8(1) sends the computation to the First Schedule, and s.12(3), s.25(3) and s.60(3) apply it through the developer, JMB and MC periods. Here is how to read your own bill and when a different rate is lawful.
Lewis Conclusion
If you only remember one thing: ask for your share unit figure, not your square footage. It is the number that sets your bill and your vote for as long as you own the unit, and it is printed on documents you are entitled to see.
The sinking fund explained
The sinking fund is a statutory capital reserve set at a minimum of 10% of the maintenance charge under ss.12(4), 25(4), 52(3), 61(3) and 68(3) of Act 757. It may only be spent on capital items — painting, replacing fixtures, upgrading common property — and a general meeting may raise the rate but never drop it below 10%.
Lewis Conclusion
Ask two questions before you buy into any high-rise: what is the sinking fund balance, and when were the lifts, the roof and the external paint last done. If the balance is small and those items are old, the shortfall is coming to you as a special levy — it is only a question of which year.
Prefer Lewis to contact you?
Tell Lewis your budget and area — get a hand-picked 3-project shortlist with price, rental and risk notes on WhatsApp.
Prefer to chat directly? WhatsApp Lewis
Decision check
Want Lewis to apply this to your shortlist?
Send your budget, preferred area, purpose and timeline. Lewis can turn the news into a practical project comparison.
Send
Get your allocated share units, the scheme total, and the current rate per share unit — all three in writing.
Send
Divide your total charge by your share units and do the same for the unit you are comparing against.
Send
If the rates match, stop — the difference is in the First Schedule formula, not in the billing.
Send
If the rates differ during a developer or JMB period, cite s.12(3) or s.25(3) and ask for the statutory basis.