Strata & Building Management
Visitor parking: can management impose time limits, charges and registration?
Visitor bays are common property. A scheme can regulate them — time limits, registration, charges — but only through an additional by-law made by special resolution under s.32(3) for a JMB or s.70(2) for a management corporation, with any fine capped at RM200.
Quick summary
Quick answer
Best for
Risk level
Buyer action
| Best for | Buyers checking what parking they are actually getting, and owners in a dispute over a bay. |
|---|---|
| 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. |
Parking is a legal question first
What follows takes apart visitor bays are common property held for a purpose. Restricting them is possible, but only through the by-law route. Parking disputes feel petty until you try to sell and discover what you thought you owned is not on your title.
Visitor bays belong to everyone
Unless the strata plan shows them as accessory parcels, visitor bays sit in common property under s.4 of Act 318 — whatever is not comprised in any parcel or accessory parcel. That is why no individual owner can claim one, and why the rules over them are a matter for the scheme collectively rather than for whoever gets there first. It is also why the management body needs a proper authority before it starts charging for them.
The power to regulate exists, with a process attached
Parking is named expressly in the list of subjects an additional by-law may cover — s.32(3) for a joint management body, s.70(2) for a management corporation. So time limits, visitor registration, permit systems and charges are all within scope. What is not optional is the process: an additional by-law must be made by special resolution at a general meeting, which under s.2 means at least twenty-one days' written notice and a majority of not less than three-quarters of the valid votes cast.
The fine, and the two questions to ask
Sections 32(3)(i) and 70(2)(i) allow a by-law to impose a fine on an owner, proprietor, occupant or invitee in breach, capped at two hundred ringgit. So when a visitor parking penalty appears, there are only two questions worth asking. Which additional by-law does it rest on, and was that by-law passed by special resolution? If both are answered, pay it and raise the policy at the next general meeting. If either cannot be, the penalty is a request rather than an enforceable fine.
Verify this against your own building
Get the strata plan and your SPA schedule and confirm in writing which bays are accessory parcels tied to your unit. Do this before you pay, not when you try to sell.
Buyer checklist
Parking is an express subject for additional by-laws under ss.32(3) and 70(2), which is what allows a scheme to impose visitor time limits, registration requirements and charges. But an additional by-law needs a special resolution — twenty-one days' notice and not less than three-quarters of the valid votes cast. And the fine that can be attached to a breach is capped at RM200 under ss.32(3)(i) and 70(2)(i).
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| 1 | Check the strata plan — visitor bays are common property unless shown as accessory parcels. |
|---|---|
| 2 | Ask for the additional by-law that regulates visitor parking in your scheme. |
| 3 | Ask for the minutes and voting record showing the special resolution that passed it. |
| 4 | Check any fine against the RM200 cap in ss.32(3)(i) and 70(2)(i). |
| 5 | If there is no by-law, raise the point in writing before paying, and put the policy on the next AGM agenda. |
Common questions
Can management impose a time limit on visitor parking?
Yes, through an additional by-law. Parking is an express subject under s.32(3) for a JMB and s.70(2) for a management corporation.
Does that need a vote?
Yes. Additional by-laws are made by special resolution at a general meeting — at least twenty-one days' notice and not less than three-quarters of the valid votes cast.
Can they charge visitors for parking?
Charging for common property engages the body's leasing powers and its by-law powers over parking. Ask which resolution authorises the charge.
How much can a visitor parking fine be?
Fines under additional by-laws are capped at RM200 by ss.32(3)(i) and 70(2)(i).
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
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Check the strata plan — visitor bays are common property unless shown as accessory parcels.
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Ask for the additional by-law that regulates visitor parking in your scheme.
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Ask for the minutes and voting record showing the special resolution that passed it.
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Check any fine against the RM200 cap in ss.32(3)(i) and 70(2)(i).