Jun 19 2015, 10:06 AM
QUOTE(cherroy @ Jun 19 2015, 09:51 AM)
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.
Well, I do know that the MBPJ has a restriction on number of occupants in a property ..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.
I think in a condo, the JMC /MC can amend the DMC to regulate number of occupants allowed per sq foot or whatever
due to safety reasons and most importantly the impact on the fire insurance coverage for the building. As we know, when fire occurs in a crowded places or areas - it becomes potentially fatal .
As for the unit itself, its not entirely true the JMC or MC has no say - after all most condos do not allow pets inside the condo..
I stand corrected if my observations are flawed..
This post has been edited by nookie188: Jun 19 2015, 10:07 AM
Quote
0.0243sec
0.31
6 queries
GZIP Disabled