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

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cherroy
post Nov 11 2014, 09:54 AM

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QUOTE(elimkk @ Nov 10 2014, 08:31 PM)
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?
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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



cherroy
post Nov 11 2014, 10:23 AM

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QUOTE(puchongite @ Nov 11 2014, 09:50 AM)
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.
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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? biggrin.gif

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




cherroy
post Jul 3 2015, 07:51 AM

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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
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By right, owner needs to inform management that the unit is rented out to whom.
This can be stated clearly in by law.

 

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