Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

 Can JMB change House Rules without notices?, JMB change house Rules w/o notices

views
     
CK15
post Jul 2 2015, 08:47 PM

Regular
******
Senior Member
1,466 posts

Joined: Jul 2010
QUOTE(aurora97 @ Jul 2 2015, 12:23 PM)
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.
*
Are u a lawyer? Interested to know why the owner pay the maintenance fee but can't pass on the benefits to his/her tenant?

CK15
post Jul 2 2015, 08:53 PM

Regular
******
Senior Member
1,466 posts

Joined: Jul 2010
QUOTE(lucerne @ Jul 2 2015, 06:27 PM)
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..
*
Can the owner inform the management he got visitors/guests to stay in the unit for a year then can enjoy all the facilities? tongue.gif

This post has been edited by CK15: Jul 2 2015, 08:53 PM
aurora97
post Jul 3 2015, 05:46 AM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(lucerne @ Jul 2 2015, 06:27 PM)
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..
*
Read further into the SMA and by laws, you will find your answers.

Savd for proprietors, other people such as tenants and guest have equal rights except as varied by the by laws (see 32 and 70 of the SMA).

I don't know what is in your by laws but I hope nothing as drastic as what you have illustrated.
aurora97
post Jul 3 2015, 05:55 AM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(CK15 @ Jul 2 2015, 08:47 PM)
Are u a lawyer? Interested to know why the owner pay the maintenance fee but can't pass on the benefits to his/her tenant?
*
No, am not a lawyer but I do read the SMA and I am a former jmb member. I have interest in this area and I am sharing my thoughts only to expand my knowledge.

Back to your question. Who is the parties to the tenancy agreement? I can bet all my money that the management is not one of them. Who's name appear on the strata roll? I bet all my money again that the tenants name is not on it.

The current situation and based on what I have read, the relationship is as above.

However, that does not preclude the management from coming up with its own by law to regulate tenant activity.

aurora97
post Jul 3 2015, 05:59 AM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(CK15 @ Jul 2 2015, 08:53 PM)
Can the owner inform the management he got visitors/guests to stay in the unit for a year then can enjoy all the facilities? tongue.gif
*
In my Condo for instance, we distinguish between resident and tenant card.

The tenant is required to bring along tenancy agreement and nric or passport to register themselves with management. Tenants in my Condo is allowed to use facilities provided that they need to show their cards.

All these r captured in the by laws.
cherroy
post Jul 3 2015, 07:51 AM

20k VIP Club
Group Icon
Staff
25,802 posts

Joined: Jan 2003
From: Penang


QUOTE(CK15 @ Jul 2 2015, 08:53 PM)
Can the owner inform the management he got visitors/guests to stay in the unit for a year then can enjoy all the facilities? tongue.gif
*
By right, owner needs to inform management that the unit is rented out to whom.
This can be stated clearly in by law.
aurora97
post Jul 3 2015, 12:19 PM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(cherroy @ Jul 3 2015, 07:51 AM)
By right, owner needs to inform management that the unit is rented out to whom.
This can be stated clearly in by law.
*
not by right, it also has to be captured in the contents of the by- law. Have a look at 32 and 79.

Assuming now the by-law is silent on this issue, where is the source and power that requires tenant to register with management? You can look into the SMA but I am pretty sure 32 and 70 will tell you what I have told everyone else.

So in essense the by-laws of the Condo is a very important piece of doc.
nigelhanzo
post Jul 3 2015, 01:13 PM

Getting Started
**
Junior Member
138 posts

Joined: Nov 2008


couple of things you need to take note when renting out.

1) Must inform management.
2) Must hand over the tenancy agreements to the management in order to apply for resident card / badge.
3) Usually, in order to use the facilities, the user must possess the resident card.
4) The amount of ppl in a unit must not exceed the limit set by the government body.. ie not more that 8ppl in a 1000sqft area.

The issue is that usually 2,3 & 4 are not done by the owner, thus the students are having issues with management.

There are cases where the tenancy agreement are not valid, example nigerians are renting,but they use other ppl's name to register in the tenancy agreement, which is wrong.

aurora97
post Jul 3 2015, 04:36 PM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(nigelhanzo @ Jul 3 2015, 01:13 PM)
couple of things you need to take note when renting out.

1) Must inform management.
2) Must hand over the tenancy agreements to the management in order to apply for resident card / badge.
3) Usually, in order to use the facilities, the user must possess the resident card.
4) The amount of ppl in a unit must not exceed the limit set by the government body.. ie not more that 8ppl in a 1000sqft area.

The issue is that usually 2,3 & 4 are not done by the owner, thus the students are having issues with management.

There are cases where the tenancy agreement are not valid, example nigerians are renting,but they use other ppl's name to register in the tenancy agreement, which is wrong.
*
Actually it's the other way around....

Ask management for the house rules.

Then ask them the rules governing tenants. What forms to fill and what r the restrictions etc...

It all depends on the by-laws. If the by-laws don't require youbto notify or hand in tenancy agreement, why then do you want to volunteer?
nigelhanzo
post Jul 3 2015, 04:45 PM

Getting Started
**
Junior Member
138 posts

Joined: Nov 2008


QUOTE(aurora97 @ Jul 3 2015, 04:36 PM)
Actually it's the other way around....

Ask management for the house rules.

Then ask them the rules governing tenants. What forms to fill and what r the restrictions etc...

It all depends on the by-laws. If the by-laws don't require youbto notify or hand in tenancy agreement, why then do you want to volunteer?
*
My mistake.. i assume that there is an existing law/rule for renting units out as hostels for TS's condo.
aurora97
post Jul 3 2015, 05:00 PM

八方來財
*******
Senior Member
3,788 posts

Joined: Aug 2007



QUOTE(nigelhanzo @ Jul 3 2015, 04:45 PM)
My mistake.. i assume that there is an existing law/rule for renting units out as hostels for TS's condo.
*
Actually no one really knows, whether any rules /laws ever exist at all. Lol.

Best to ask in any case.
subaiku
post Mar 14 2025, 06:05 PM

Casual
***
Junior Member
445 posts

Joined: Oct 2008
QUOTE(nigelhanzo @ Jul 3 2015, 01:13 PM)
couple of things you need to take note when renting out.

4) The amount of ppl in a unit must not exceed the limit set by the government body.. ie not more that 8ppl in a 1000sqft area.

*
Hi, could you point me to where this is stated in Strata Law? All I can find online is that "The Strata Management Act 2013 (SMA) doesn't set a limit on the number of occupants allowed in a strata unit." TIA!
mini orchard
post Mar 15 2025, 08:32 AM

10k Club
********
All Stars
14,511 posts

Joined: Sep 2017
QUOTE(subaiku @ Mar 14 2025, 06:05 PM)
Hi, could you point me to where this is stated in Strata Law? All I can find online is that "The Strata Management Act 2013 (SMA) doesn't set a limit on the number of occupants allowed in a strata unit." TIA!
*
Density is govern by the respective local authority but it is seldom enforce.

 

Change to:
| Lo-Fi Version
0.0164sec    0.48    5 queries    GZIP Disabled
Time is now: 24th November 2025 - 05:40 PM