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?

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.