The court disagreed to the arguments of the Defendants.

Short term rental guests are mere transient lodgers and in fact the Airbnb terms of service describes the booking as a “license”. Short term rental guests can be more appropriately be described as akin to hotel guests.

Short term rentals are not considered as “dealing” within the meaning of NLC.

“House guests” who have booked their units online are in law mere “licensees” who have been allowed to enter the licensor’s parcel for a consideration. No proprietary rights passed to them.

There is no landlord-tenant relationship between them and tenancies exempt from registration pursuant to S 213 NLC does not apply to them.

Short term rental activities do not fall within the meaning of “any other dealing” within Section 70(5)(a) of the Strata Management Act 2013.

https://blog.burgielaw.com/2018/11/09/strat...t-term-rentals/

The message above is also for forumners like Aaronpang that think they know legality better than court.

thanks gks, sound like if landlord-tenant relationship can be established ie. with tenancy agreement, NLC will kick-in and overwrite any by-laws by JMG.

Bean kor is correct.
Commercial non HDA prop also can table to ban airbnb in AGM/EGM.
Example: Mercu Summer Suite, an office suite. Commercial loan property.
Tabled motion to ban airbnb.

Results:

There is no where in hell ss will ban airbnb unless the public is shying away from airbnb.

Most buyer there are not ownstayers.....

Ownstayers are fighting a losing war...

... everybody forgot the effects of stable owners\rebters(1 year or more)

If they are rowdy, you settle them once or twice. Then everybody follows suit

If it's Airbnb short term, EVERY new batch of people need to relearn\break the rules again..... Most hosts don't brief them or even give hard rules such as must wear proper attire at pool.

Again, is that a good reason (one among many) to ban Airbnb?

There will always be a-holes in a neighbourhood among own-stayers and renters, regardless if its a housing estate or high-rise.

I've stayed at a few condos where some of the units are operating as Airbnb and the only one I know which its common areas are poorly maintained is Tropicana Danga Bay. The rest such as 6 Capsquare and BayLaurel @ Danga Bay are pretty well-maintained. Among those I mentioned, I have yet to bump into any undesirable behaviour such as folks swimming in the pool fully-clothed, rubbish strewn around everywhere, rampant parking, etc.

trust4you, to update:

The Haute Gurney
automatic airbnb/homestay/ short term rent ban without any AGM/EGM yet.
Apparently Aset Kayamas management team own set up such ban just like in Parkhill Residence, another of their project.

Irama Wangsa, Wangsa Maju
Refer: https://forum.lowyat.net/index.php?showtopi...post&p=92006671

Duplicate

This post has been edited by chesterst: Mar 10 2019, 11:01 AM

I suggest TS update his first post to include newer additions to the list of condos so those who need to do a quick check can just look at the list instead of browsing whole thread.

this area also want ban airbnb? lol, not many ppl want to stay here also

when they said banned Airbnb, they are actually banning Airbnb operators per se.

there is no way they can ban Airbnb if owner is the operator.

I see your point here.

But if as an example, I am were the owner of an 8m condo in The Binjai on the Park, I won’t be thrilled to see strange faces walking in and out of the compound on daily basis.

JMB can stipulate that owners aren’t allowed to do short stays or there is no way to regulate this?

I suppose if the guests actually behave and don’t do ridiculous things like house parties no one will even notice!

BOTP is collective item. You think owners there day day live there????? maybe its only their brief stop over in Malaysia home stay nia….i doubt that you will see familiar faces there...…

even if you see stranger faces there, either their pau pau can buy you a brand new Perodua or high keras prostitute,

if owner is there to check in their Airbnb guests, who to say you cant allow them to stay??????? its your unit, your right.

Yes your last paragraph - what can the JMB do right

actually if the entire condo or apartments, there are only few units doing Airbnb, JMB wont disburb wan lah…….especially there hasn't been untoward incidents...…

Tropicana gardens banned Airbnb bcos there are many Airbnb operators there and almost 1/3 of units are Airbnb usage. That the reason why jmb ban kau Airbnb.

BUT til today, i still can see trolley dolley now and then...….(like on daily basis)

This post has been edited by BEANCOUNTER: Mar 10 2019, 11:37 AM

Mirage By The Lake, Cyberjaya

Airbnb/short term stay banned!

JMB/MA no need to say anything... With evidence they will just keep fining you... And send the fine to your maintenance account.

This post has been edited by gks: Mar 23 2019, 03:54 PM

According to this lawyer (Bugie law) the resolution to ban short term tenancy can be tabled at a GENERAL MEETING IE AGMs..not EGMs..

If at an AGM, one needs a simple majority to have the resolution pass..but i have read elsewhere that it must be tabled at an EGM whereby
75% or more of owners present must agree..

Anyone?