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)

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.

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.

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.

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.

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?

Actually no one really knows, whether any rules /laws ever exist at all. Lol.

Best to ask in any case.