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> Mix Development and Short Term Rental, daily rental

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TSCasLatency
post Jun 19 2015, 07:51 AM, updated 6y ago

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Hi Greeting to all member,

I have recently bought a mix development condo and I realize there are owners doing Short Term Rental (Daily Renting) and I wonder is this legal? do they have the rights to do so? we are residents staying there, those owners that are renting out for daily have cause the residents many problem this including renting out a 2 bedroom apartment to more then 10 people mad.gif and during holiday time you can see many people coming in and out of the condo. vmad.gif and occupying the facility.

Anyone that have similar problem? how do you deal with the management and the authority to stop it? Please share your knowledge and experience. very much appreciated thanks. biggrin.gif

Regards
Cas

This post has been edited by CasLatency: Jun 19 2015, 09:49 AM
TSCasLatency
post Jun 19 2015, 08:13 AM

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Hello any advise?
TSCasLatency
post Jun 19 2015, 08:35 AM

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Hi Thanks for quick response and advise, hi NikAriff do you mean, Mix Development are able to do that we cannot stop it?

And cherroy on the other side what is COB? where to I go and file the complaints?
TSCasLatency
post Jun 19 2015, 08:59 AM

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QUOTE(NikAriff @ Jun 19 2015, 08:45 AM)
Hi Good Day, yes it is by nature all mix development falls under the term Service no matter which term it use Service Residence/Apartment/Suite etc, and another thing is Home Stay are difference from Short Term Accommodation, Home Stay is where by you need to register with the Ministry Of Tourism and you get an agent ID, you invite the guest from overseas to stay with you while you show them the local culture on the other side Short Term Accommodation run by individual owner are differ they do not stay with the tenants do not show them the culture and renting out for stay is consider a residential use not commercial use.

You cannot build a residential apartment on a commercial land and if the apartment on top of a mix development are consider residential it mean there are another piece of land on top of the commercial land, because residential property can only be build on a residential land and you cannot have a land on top of another land.

Hope this clarify out.
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Hi Nik can we ask the Committee to call for a meeting with all residents agreement and implement a rules to stop the short term rental?
TSCasLatency
post Jun 19 2015, 09:27 AM

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QUOTE(gugukrez @ Jun 19 2015, 09:20 AM)
how big is the built up? because MPBJ got the law that one person must have the space of *** per cubic.. if the house only 800sqf with 10 people.. then u can call MPBJ go sapu.. minimum 5k or jail 2 year to owner..
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Hi the build up is between 900-2500, MPBJ have such rules? if so that is very good, mean we just need to collect the evidence to launch the complaints. =)

By the way where do I refer to this rules?
TSCasLatency
post Jun 20 2015, 11:18 AM

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QUOTE(aurora97 @ Jun 19 2015, 05:32 PM)
Based on what I have gathered… the line of attack should be as follows:-

1st step
Read up on your DMC or house rules

2nd Step
DMC or house rules
(a) silent on the issue
(b) expressly prohibit
© expressly allow
(d) poor drafting incomprehensible

3rd Step
For (a) lodge complaint with COB.
For (b) lodge complaint with JMB/MC to enforce. If they fail to do so, escalate to COB.
For © lodge complaint to Ministry of Tourism and COB. (try your lucklor) LOL.
For (d) lodge complaint with COB, JMB/MC and Ministry of tourism.

4th step
Response satisfactory = end
Response not satisfactory= raise in AGM/EGM.
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Hi I found this link,

http://www.hba.org.my/articles/iprop/2006-not.htm

It clearly say that Residences: Another name for Serviced Apartments

My Condo is Serviced Residences does that mean it is Serviced Apartments?

Is very confusing.


TSCasLatency
post Jun 21 2015, 02:57 PM

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QUOTE(aurora97 @ Jun 20 2015, 11:59 AM)
careful HDA some of the articles Are out-dated.
Malaysian Bar Council

Does the definition of “housing accommodation” in the amended Act include serviced suites or apartments?

If the serviced suites or serviced apartments are intended for human habitation or partly for human habitation and partly for business premises, then they will fall within the definition of housing accommodation as amended. It does not matter if the accommodation is erected on a land designated or approved for commercial development as the Amendment Act has removed these words from the definition of housing accommodation inserted by the 2002 Amendment Act.
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Since there is no control that tenancy should be how many day, it mean we need to proof that daily rental consider commercial use, where can we get this proof?



 

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