QUOTE(NikAriff @ Jun 19 2015, 09:07 AM)
Yes you can ask your JMB/JMC to call for a AGM/EGM and get all owners consent to agree to implement a rules to stop the short term rental, but you need refer to your SPA, if you SPA is do not contain Schedule H then there is an issue it mean is not residential, some Mix Development that come with hotel do have rules in the SPA that owners cannot do Short Term Rental and that is difference cases, if your SPA do not have such rule and by implementing a rule to stop the STR by law is illegal it self and if the owners want to SUE the JMB they will have sufficient evidence to bring them to court, in this case the committee are still able to make new rules but they have to get the consent of all the unit owners mean if you have 500 unit you need to have 500 signature to agree and implement it to prevent legal action from owners that run STR.
STR has plenty of grey area start with, that's why it is problematic.
I don't think MC is allowed to set a by law that violate basic right of ownership.
How can MC set a by law rules that restrict owner who to rent, how the property being leased etc?
If a by law can be set like that, next time, MC also can convene an AGM, get all the signature then set a by law stated cannot rent to student, cannot rent for 1 month or 3 months, etc.
It doesn't make sense.
There no rule allowed in the Strata title act saying, if you getall the signature from all the owner, then you can apply such such kind of restriction.
The act only empower MC to set by law or house rules, but definitely not on restriction within individual unit how it is being used.
Until there is strata act that clearly stated STR is prohibited by stated the definition of STR, it is in grey area, which is difficult to tackle.
Previously there was case on STR, council only can fine the owner on the basic of running commercial activities in residential property, as there is no proper law or act to define STR and prohibit it, that's the major problem.
As such a restriction only can be imposed within local council, COB, or within the strata act itself.
MC only can govern on the issue on house rules on common property, access to the property, while within the unit itself, MC doesn't have juridication how the unit being leased.
Just like MC cannot enter the individual premise to restrict how the renovation (inside) being done, except the issue has caused nuisance or damage to common property.
Correct me if I am wrong.This post has been edited by cherroy: Jun 19 2015, 09:52 AM