GOVERNING SUSTAINABLE STRATA COMMUNITIES IN MALAYSIA: ADDRESSING ENFORCEMENT GAPS, SPATIAL CONFLICTS AND LEGAL CHALLENGES
DOI:
https://doi.org/10.35631/IJLGC.1145001Keywords:
Collaborative Governance, Enforcement, Legal Challenges, Spatial Conflicts, Strata Housing, Sustainable CommunitiesAbstract
The rapid expansion of strata housing in Malaysia has transformed urban residential development by providing efficient land utilization and shared community facilities. However, the sustainability of strata communities continues to be challenged by persistent governance issues, including weak enforcement mechanisms, spatial conflicts, and legal disputes among stakeholders. While previous studies have examined these challenges separately, limited research has explored their interrelationship within a holistic governance framework. This study aims to examine the key factors affecting the sustainability of strata communities in Malaysia by focusing on enforcement gaps, spatial management conflicts, and legal challenges, as well as their implications for community harmony and governance effectiveness. A qualitative research approach was adopted through semi-structured interviews and document analysis. Data were collected from five key stakeholders comprising representatives from local authorities, the Commissioner of Buildings (COB), and strata management bodies with direct experience in strata governance. The findings reveal three major challenges. First, enforcement efforts are constrained by limited institutional capacity, overlapping jurisdictions, and low resident compliance with established regulations. Second, spatial conflicts arise primarily from inadequate parking provision, misuse of common property, and increasing pressure on shared facilities in high-density developments. Third, legal disputes are exacerbated by ambiguities in regulatory responsibilities and residents’ limited understanding of their legal rights and obligations. The study argues that these challenges are interconnected and require an integrated governance approach rather than isolated interventions. It proposes a sustainable strata governance perspective that emphasizes stronger enforcement mechanisms, enhanced legal literacy, improved spatial planning, and collaborative stakeholder engagement. The findings contribute to the growing discourse on sustainable urban governance and support the achievement of Sustainable Development Goal 11 (Sustainable Cities and Communities) by promoting safer, more inclusive, and resilient strata living environments in Malaysia.
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References
Ahmad Shuhaimi, A. A., Mohamed Osman, M., Rabe, N. S., & Syed Khuzzan Alhabshi, S. M. (2024). Strata Management And Maintenance: A Comparative Analysis Of Malaysia And Selected Countries. PLANNING MALAYSIA, 22(30). https://doi.org/10.21837/pm.v22i30.1422
Ahmad Shuhaimi, A. A., Mohamed Osman, M., Rabe, N. S., Syed Khuzzan Alhabshi, S., & Aripin, D. (2023). Low-Cost Strata Maintenance Issues And Cost Impact. Planning Malaysia, 21(26). https://doi.org/10.21837/pm.v21i26.1276
Ahmad Shuhaimi, A. A., Mohamed Osman, M., Rabe, S., Syed Khuzzan Alhabshi, S. M., & Aripin, D. (2022). Enforcements And Offences Under The Strata Managament Act. PLANNING MALAYSIA, 20(20). https://doi.org/10.21837/pm.v20i20.1077
Ansell, C., & Gash, A. (2008). Collaborative governance in theory and practice. Journal of Public Administration Research and Theory, 18(4), 543–571.
Bramley, G., & Power, S. (2009). Urban form and social sustainability. Environment and Planning B: Planning and Design, 36(1), 30–48.
Bryson, J. M., Crosby, B. C., & Stone, M. M. (2015). Designing and implementing cross-sector collaborations: Needed and challenging. Public Administration Review, 75(5), 647–663.
Chong, K. G., Eni, S., & Mohd Safian, E. E. (2021). Impact of having an early briefing among residents/owners in reducing strata disputes in Malaysia. International Journal of Real Estate Studies, 15(S1), 18–26. https://doi.org/10.11113/intrest.v15ns1.113
Dempsey, N., Bramley, G., Power, S., & Brown, C. (2011). The social dimension of sustainable development: Defining urban social sustainability. Sustainable Development, 19(5), 289–300.
Easthope, H., Randolph, B., & Judd, S. (2014). Governing the compact city: The role and effectiveness of strata management. Housing Studies, 29(5), 589–608.
Emerson, K., Nabatchi, T., & Balogh, S. (2012). An integrative framework for collaborative governance. Journal of Public Administration Research and Theory, 22(1), 1–29.
Forrest, R., & Kearns, A. (2001). Social cohesion, social capital and the neighbourhood. Urban Studies, 38(12), 2125–2143.
Malaysia. (1985). Strata Titles Act 1985 (Act 318). Percetakan Nasional Malaysia Berhad.
Malaysia. (2013). Strata Management Act 2013 (Act 757). Percetakan Nasional Malaysia Berhad.
Manzi, T., & Jacobs, K. (2009). Understanding institutions, actors and networks. Housing, Theory and Society, 26(3), 160–175.
Mohamad, N. A., & Sufian, A. (2013). Legal Development on Management of Strata Disputes in Peninsular Malaysia. International Review of Management and Business Research, 2(2), 442–449.
Noor Suzilawati, R., Mariana, M. O., Muhammad Faris, A., Zakiah, P., & Izlan Fitri, A. A. (2021). Issues Faced By Tenants In High-Rise Strata Residential: Case Study Of Klang Valley. PLANNING MALAYSIA, 19(5), 180–191. https://doi.org/10.21837/pm.v19i19.1070
Sherry, C. (2009). Strata title property rights: Private governance of multi-owned properties. Routledge.
United Nations. (2015). Transforming our world: The 2030 Agenda for Sustainable Development. United Nations.
Vallance, S., Perkins, H. C., & Dixon, J. E. (2011). What is social sustainability? A clarification of concepts. Geoforum, 42(3), 342–348.
