Recently my JMB Chairman posted in FB said

1. He mention if necessary take legal action against all the owner who illegally converted their units into hostel.
2. And the all students are not allow to use any of the facilities ( gym, sauna, badminton court, squash court, BBQ pit and swimming pool.
3. Last part was, he allow any owner to stop them (students) from using the facilities if spotted.

As talk to him, he said JMB has the rights to change House rules from time to time without any notices. is it true?

Enforce the house rules or to New house rule?
If new house rule, normal need to go thru Agm to get approval first.

Yes

Boss, can share more how it is possible?
Facing some issue and keen to learn. Not troll.

yes its possible.
it has to be approved/agreed by the jmb comitee (which you voted to represent you)

what kind of legal action can be taken?

So they (JMB) no need to wait until the next JMB, and JMB can enforce a new rules without notices if agree by the community members.

Please confirm.

yes.
usually jmb has monthly meeting.
it it then rules and regulations are being discussed.

JMB have the power to only a certain level.

to change a house rule you will need to have AGM or EGM and have it being voted by those who attended.

if you think they have went over their power you can always refer this case to the relevant body

hallo. new house rule must pass special resolution at a general meeting of your MC. yours is JMB or MC? strata title out already? I interpret it as the council members need to call a general meeting with special resolution and a quorum must be formed after which voting is carried out. (edited)


http://jmbinsurance.com.my/main/3173/index...and-responsible

"Can Management Council Make House Rules?
Posted on 17 February 2013
Q. The Management Council claimed that there is a "House Rule” that no owner shall install the "Astro’s satellite dish” at the balcony, but I am not aware of any. So, am I bound to House Rules, even how unreasonable it is?
A. "House Rules”, are treated as by-laws under Strata Titles Act.
With the power vested by S 44(2), the Management Corporation (not Management Council) may enact or amend the House Rules, from time to time.
(2) The management corporation may by special resolution make additional by-laws, or make amendments to such additional by-laws, not inconsistent with the by-laws set out in the Third Schedule, for regulating the control, management, administration, use and enjoyment of the subdivided building or land.
However, the House Rules, or any by-laws proposed, shall not contravene with the provisions in Third Schedule of the Act.
The House Rules, or any by-laws, shall be made by the way of special resolution in general meeting of management corporation. S 4 defines what is "special resolution”.
"Special Resolution” means a resolution which is passed at a duly convened general meeting of a management corporation of which at least fourteen days’ notice specifying the proposed resolution has been given by the management corporation or by proprietors who together are entitled to not less than one-quarter of the aggregate share units and who together constitute not less than one-quarter of the membership of the management corporation.
In short, the House Rules needs to be passed in a general meeting of Management Corporation, and the meeting is convened with 14 days notice, and at least 25% of those entitled to vote voted in favor of the House Rules and form the simple majority.
For the purpose of illustration,
(a) If the Management Corporation has 100 members, 51 of them attended the meeting (constitute the quorum), and 26 voted in favor for the House Rules and 25 voted against. House Rules now become the by-laws.
(b) If there was no quorum met at the first meeting, and it was adjourned and only 40 attended (constitute the quorum, para 11(2) Second Schedule), and 24 voted in favor for the House Rules and 16 against, the House Rules is not passed. There is no special resolution as it requires at least 25% of those entitled to vote vote in favor."

This post has been edited by corleone74: Nov 10 2014, 11:40 PM

However, IF the developer has not yet delivered strata title of the property to purchasers, then the body corporate to be formed and to manage the development is the JMB.

JMB are subject to the building and common property act

http://www.hba.org.my/laws/building/bcpAct2007.htm#4. Establishment of a Joint Management Body

The JMB consist of the developer and all the purchasers of units in said property. One of the JMB's powers as outlined in act 663 is to make house rules.

Upon formation of the JMB at the first meeting, members elect the council members which form the JMC.

"11. Joint Management Committee
(1) The Body shall elect a Joint Management Committee who subject to any restriction imposed or direction given by the Body at a general meeting, may perform the Body’s duties and conduct the Body’s business on its behalf, and may for that purpose exercise any of the Body’s powers."

The JMC has powers given to them by the JMB to perform duties of the JMB on their behalf.
"
(2) The Body –
(a) shall convene an extraordinary general meeting upon a requisition in writing made by the purchasers who are together entitled to at least one-quarter of the total number of parcels registered under section 12; "

thus, i interpret the above as owners who form a quarter of the body's members may requisition the council to convene an EOGM and re-ammend any newly made house rules.

This post has been edited by corleone74: Nov 11 2014, 12:33 AM

you can check with the National House Buyers Association for advice. Drop them an e-mail at info@hba.org.my

Personaly, if I am an owner staying in this Condo, I would be happy for such rules.

In fact, I would advice your JMB to comvene and EGM to approve this rule and I am confident that most other owners staying in this Condo will also approve such rules. Legality and enforcebility is another matter though.

However, if I am an Investor wishing to rent out my unit, esp to students, I would probably think differently.

That's just my personal opinion.

I notice quite a few condos have house rules which cut utility supplies such as electricity and/or water if maintenance fees are not paid.

Personally I think this is a good rule to ensure prompt payment. Otherwise people will not pay maintenance promptly and when the maintenance office has no money, the condition of the condo will go south. Everything will fall apart.

Anyone knows if this is a permissible rule from legal stand point ?

Also noticed some die hard condos which will NEVER cut water or electricity even if the maintenance have not been paid for years. The only thing they will religiously follow is to send legal letters. Legal letters costing money.

I see these condos are like infected by cancer. LOL.

1. Definitely, but the scope taking legal action fall under local council. JMB/MC is not empowered to take legal action on turning residential to commercial activities. But JMB/MC can cooperate with local council to take action on the issue.

Illegal converting into commercial activities will eventually "destroy" the property value in the future. So no benefit to any owner.

2. This is impossible task to carry out, as resident has the right to use the common facilities unless special issue arised, like no paying maintenance fee, always causing nuisance to neighborhood etc.

3. No owner has the right to take any action on the common property issue, apart from JMB/MC appointed. JMB/MC cannot empower all owner to take action, it will cause more chaotic situation. It should be done by security or JMB/MC itself.

JMB/MC cannot/shouldn't simply change house rules without any notice or convene EGM or through a proper meeting and clearly in the minutes meeting

JMB is the whole body consisting of owners+ developer. They empower and elect the JMC *council". The JMC with power conferred by JMB has the power to make new house rule (act 663 clause 8(2)(f)). However, owners may form a quorum of 25% to force an EOGM to repeal or remove the new ruling.

This only apply for JMB where strata title not issued .

Once strata title issued, the Management corporation (MC) is formed. ONce MC is formed JMB is disbanded.

For MC, there must be a call for special resolution at a GM in order to make new house rules.

So the question to ecclim is - MC or JMB?

The strata title act is not comprehensive enough to start with.
So there are plenty of grey area.

To specific answer the question.
The act didn't stated JMB/MC has the right/no right to cut utilities supply if maintenance fee is not paid.
Unless there is court precedent ruling said so, then we can refer to.

Utilities supply is between owner/utilities company.
JMB/MC has no right to intervene.

But the issue is we know water supply come,

Utilities company --> apartment/condo tank (a common property governed by JMB/MC) --> owner.

So grey area arised on the common property (tank), piping in the common property side of issue.
JMB/MC has no right to turn off the tap within owner premise, but the tap is at the common property which fall under JMB/MC responsibility. So how?

So no black and white stated the issue so turn into grey.

1. it is the right to the owners to rent to students, so long it is residential purpose.
2. owners rights has passed to tenant under TA (tenancy agreement). under the DMC (deed of mutual covenant) , owners (later passed to tenants) has the right /access to common facilities/property. I think owners can sue the JMC or MC if their right shas been violated. (unless they changed it during AGM) , but I don't think all resident will support this idea. (if the condo is popular for student rental)
3. no, they cant stop students from using the facilities.

1. the act of rending for profit can be construed as a “commercial transaction”, notwithstanding it’s for residential purposes.
2. the notion where rights of the owner is passed from tenant under the TA is wrong.
- The DMC for instance is entered between developer and owner. Also, the SMA only recognizes Parcel Owners and some other third parties (then again they must have some interest in the parcel).
- The right of any Tenant to use common facilities or property is debatable topic.
(i) If follow strictly SPA and strata roll maintained by Management per se, as far as the Management is concerned, this “Tenants” are as good as trespassers.
(ii) owners have also indicated that they have the right to use their parcel for whatever purpose they wish (example to enter into a tenant for profit).
- I think both management (restricting/enforcing/monitoring tenant using common facilities, I think management has other better things do deal with) and owners (example renting out to 10 people) must be reasonable of everyone’s expectation. This should be voiced during AGM/EGM and reflected in the by-laws.
3. Answer is Maybe at best. It really boils down to what was decided in AGM/EGM and then implemented in your by-laws.

Changes to the law.

Your answers as follows:-

See section 32 (JMB) and 70 (MC) Strata Title Management Act.

During AGM/EGM, require special resolution to pass house rules. (see section 70(2))
By laws bind not only JMB/MC but also proprietor, chargee (bank), lessee (higher class of tenant with owner type of rights), tenant or occupier. (see section 70(3))

yes + special resolution require for motion to be passed.


New rules cannot be enforced until it has gone through either AGM/EGM + special resolution.

No.

refer the matter to Tribunal (see 4th Schedule, check whether your issue fall within the jurisdiction of the Tribunal)

in this case why not register the tenant as visitors/guests/invitees? Also seems guests has more rights than the tenant?
if so, owners can "inform" (in much advance ) the management that he/she expect his visitors to go in and out his premises daily.
further more each resident can invite 4-6 guests on anyone day to use the facilities...haha

Guess JMC/MC/MO will never ban quests right? Otherwise, will create much furores if so..