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Investment AIRBNB unfriendly condo, Please help input if you know of those

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aaronpang
post Oct 26 2018, 10:21 AM

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This thread is pointless because end of the day an owner rent their unit as they see fit.

If anyone stops owners from renting including the JMB and MC they will get sued period nod.gif

See the SMA 2013 pg87.

(5) No additional by-law shall be capable of operating -
(a) to prohibit or restrict the transfer, lease or charge of, or any other dealing with any parcel of a subdivided building or land; and
(b) and to destroy or modify any easement expressly or impliedly created by or under the Strata Titles Act 1985.

http://www.federalgazette.agc.gov.my/outpu...TA%20757-BI.pdf
aaronpang
post Oct 26 2018, 10:37 AM

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QUOTE(pilotHans @ Oct 26 2018, 10:25 AM)
come to think about it, if JMB/neighbours make life difficult for unwanted residence ,
later on -ve comments on airBnb will surely effect the owner right. one cannot simple ignore the JMB, sooner or later they will feel the effect  sweat.gif
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House rules or action such as barring tenant contravenes the SMA act and is therefore highly illegal.

Quite the opposite JMB cannot ignore respective owners rights. remember JMB is a legal entity and can be sued.

The only difference between short and long term rental is just the duration, so any attempts to restrict AirBNB will face the same legal challenge as trying to prohibit longer term rentals.

To my knowledge no condo is able to ban owners from long term rentals because SMA act protects their rights to rent and lease.

This post has been edited by aaronpang: Oct 26 2018, 10:42 AM
aaronpang
post Oct 26 2018, 01:49 PM

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QUOTE(pilotHans @ Oct 26 2018, 10:52 AM)
1 is this the same, if JMB disallowing people to rent out to Students? the owner can counter back base on these rules?  hmm.gif
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Yes the law is quite clear!
A lot of issues crop up due inexperienced JMB passing bylaws which exceed their authority.

https://www.thestar.com.my/news/community/2...r-in-the-house/

The National Housebuyers Association (HBA) honorary secretary-general Chang Kim Loong, when contacted, said JMB could not simply impose any limitation to its whims and fancies as any house rules must conform with existing laws.

QUOTE(pilotHans @ Oct 26 2018, 10:52 AM)
1 is this the same, if JMB disallowing people to rent out to Students? the owner can counter back base on these rules?  hmm.gif
2 imho, it's still time and money cosuming. the hasttle to go againts the JMB. in the end , at what cost?
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There are several ways to deal with JMB
1) Get organised and run for office.
Personal experienced with arrogant council that wanted to ban short term rental.
Supporters of short term rental got together to vote en-bloc, succeeded to remove chairman and council during AGM.

2) Initiate legal action.
Start with simple with a letter reminding them of their limits and move forward from there.
You can also write in and complain to COB.

This post has been edited by aaronpang: Oct 26 2018, 02:38 PM
aaronpang
post Oct 29 2018, 02:43 PM

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QUOTE(BEANCOUNTER @ Oct 29 2018, 11:41 AM)
Was there any proven cases that airbnb guests committed crime like stealing murderimg robbing kidnapping and hit n run?

Yes sone nuisane like partying or damage common property but this can happens to long stay tenants too.

Obviously no ownstayers want to see their condo or apartments turn out to be bus station or red light district pick up point. I understand that.

But how many buildings in kv turn out to be exactly like that? Less than 10?
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Issues like crime, partying robbery, vandalism etc happens with short term/long term rental & owner occupiers as well.

Let's face it those who oppose AirBNB have self-serving bias. They secretly wished the entire condo is reserved for their exclusive use like a private resort.

Other owners who also pay for the maintenance must shut up and live by their rules rclxs0.gif

Condo living means having to make sacrifices if that's not acceptable, sell your condo for landed and gated house.

aaronpang
post Oct 29 2018, 02:49 PM

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QUOTE(damonjun11 @ Oct 29 2018, 02:43 PM)
Generally, airbnb guests does not care/know much for house rules. Why care so much if you only there for 1/2 nights.

Picnic/kfc+ing by the side of the luxury infinity pool, rubbish everywhere (some might be owner's fault), never take care for the facilities provided, park anywhere they deems ok. creating nuisance party noise.

I would not care much for airbnb in my condo if they do adhere to the house rules. but for most of the cases, they are just creating trouble for the real residents.
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Seriously doubt Airbnb guests are all bonking by the pool and running about with hammers planning to damage common faculties.
Furthermore what is condo security doing sleeping? Residents pay them hundreds of thousands play candy crush?

This post has been edited by aaronpang: Oct 29 2018, 02:49 PM
aaronpang
post Oct 31 2018, 02:46 PM

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QUOTE(BEANCOUNTER @ Oct 30 2018, 11:18 AM)
Friend i know what is self check in is....

I was talkibg abt jmb decided to lock up the mail room w key access. How are you going to run airbnb without meet n greet?

Of course you still can work w guard...if you know them well.
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At a condo nearby the Airbnb operators have arrangement with convenience store downstairs.
Guest collect and return keys via the convenience store.

It's a great win-win idea because the arrangement funnels customers to the convenience store and Airbnb operator can offer 24x7 check in.

This post has been edited by aaronpang: Oct 31 2018, 03:08 PM
aaronpang
post Oct 31 2018, 09:24 PM

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QUOTE(gks @ Oct 31 2018, 05:47 PM)
First of all, most house rule will specify guests shall be accompanied by host/residents all the time... Why the responsibility to monitor and manage the guests fall to neighbors?
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Those who book accommodation under AirBNB are tenants.
Stop misinterpreting the rules to suit bias agenda.

QUOTE(gks @ Oct 31 2018, 05:47 PM)
For residents and volunteer jmb, managing nuisance from Airbnb is unwelcome distraction where else for operators/investors they are looking to maximise return with minimise effort. So until solution for the gap is found, the battle between owner resident /jmb and Airbnb will continue.
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JMB are volunteers, if cannot cope please leave. Nobody forced them into the role. It's a thankless job honestly.
MC are engaged by owners including AirBnB operators. If MC don't do their job the JMB should fire them.

So far all I hear are lame excuses, everyone is looking to profit be they short term and long term rentals.
AirBnB requires more effort since operators have to constantly upkeep and clean their property. Dirty listing is guaranteed not to get bookings.

I've seen many inexperienced JMB who let MC manipulate them into doing something stupid and not treating everyone fairly.

This post has been edited by aaronpang: Oct 31 2018, 09:44 PM
aaronpang
post Oct 31 2018, 11:45 PM

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QUOTE(gks @ Oct 31 2018, 09:50 PM)
Are you sure you interpret the house rule correctly? Guest are guest.. Did guest sign agreement and been stamped?

In any cases... Some of the landmark courtcase already out and Airbnb lost big time....
We are not talking profit here.

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"Guest are guest" sums up the level of ignorance.
AirBnB terms of service forms the legal contract between AirBnB, host and renters.

Also renting an entire house means you're a tenant.

QUOTE(gks @ Oct 31 2018, 09:50 PM)
We are referring to nuisance created by guest where operators wash their hands and pinpoint to MA and neighbour to manage and monitor them.
And why SHOULD jMB/MC manage the guests where the responsibility belongs to host/operators?
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There is nothing out of the ordinary that JMB, MC or neighbor has to do.
End of the day MC and JMB has to do their job and take care of all the residents fairly.

Pesky neighbors can come in many forms.

I've experienced neighbors constantly complain of loud talking and noises coming from upstairs unit. MC investigate every time and reports upstairs unit is empty.
Maybe got ghost most likely the complainant has schizophrenia.

All claimed extra work is actually part and parcel JMB and MC normal duties.

This post has been edited by aaronpang: Nov 1 2018, 12:14 AM
aaronpang
post Nov 1 2018, 05:19 PM

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QUOTE(BEANCOUNTER @ Nov 1 2018, 04:43 PM)
The law said required special resolution w 75% votes.

Not sure if they have just passed w simple majority.

Also jmb has no right to prohibit the usage of units unless it creates nuisane or health concern.
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Selfish people will happily misinterpret the law.

Rent long term to foreign workers or vice den... I'm sure that's more preferable to AirBnB.

This post has been edited by aaronpang: Nov 1 2018, 05:23 PM
aaronpang
post May 30 2019, 02:21 PM

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QUOTE(ManutdGiggs @ May 30 2019, 08:31 AM)
Japan recently banned all airbnb n many travellers facing a huge issue getting last min accommodation 😅😅😅
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Japan legalized home sharing last year, and this new law is part of an amendment to 1947's Japanese Hotels and Inns Act. Per the law, hosts have to register their listing by June 15th in order to maintain an active status on Airbnb.

Japan has not banned Airbnb as claimed.

QUOTE(gks @ May 30 2019, 10:08 AM)
BEANCOUNTER... Operator/owners only interested to take care their parcel... How about common area? Airbnb also taking care of neighbours and common area?

There are many valid reasons why more and more residential complex are banning Airbnb.

Btw.. Oversupply issues is nothing related to Airbnb... If you overbuild... Then stop building.. If you are lack of knowledge or holding power... Then do not invest in property... Or pay tiusyen fee.. I remember our beloved education minister citing job opportunity with quota in education. It is exactly the same arguement that pro-airbnb team is giving.
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Common area is taken care by the JMB or MC that's what they're paid to do.

My experience as councilor vandalism theft cases are caused by low quality tenants rather than Airbnb guest.
Also if tenant causes damage to common faculties (doesn't matter long term/short term).
Applicable laws allow MC to hold unit owners liable for damages.
aaronpang
post May 30 2019, 03:13 PM

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QUOTE(gks @ May 30 2019, 02:56 PM)
My experience being multiple terms in JMB majority of security, vandalism, nuisance etc are created by Airbnb operators and guests.
Coming from Councillor I am surprise you do not know your by laws. Maybe your condo has adopted different one or Maybe you are closing one eyes. MO is responsible for common area however guests should be supervised by residents all the time. Resident owners/residents should be with guests all the time when they are in common area.
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Paying for accommodation makes one a tenant, not guests.

Damage can be done by long term or short term, the laws and by-laws still apply. Hold them accountable, why the blanket ban.



This post has been edited by aaronpang: May 30 2019, 03:32 PM
aaronpang
post May 30 2019, 04:16 PM

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QUOTE(gks @ May 30 2019, 03:31 PM)
Being Councillor your knowledge about law is quite shallow. Just because you pay doesn't mean you are a tenant. Do check your by law.

You do not answer the question. Why operators and owners are pushing the responsible to manage their guests to MO?

Also... Airbnb as spirit.. Owners suppose to provide hospitality services to the guest.. But most of time, these owners and nowhere to be seen. When guests are making nuisance they are not reachable.

But most important thing is these irresponsible operators and owners do not consider other residents well being by simply accepting paying guests and do not even bother to manage them.
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https://dictionary.cambridge.org/dictionary/english/tenant

QUOTE
tenant
noun [ C ] UK ​  /ˈten.ənt/ US ​  /ˈten.ənt/
​a person who pays rent for the use of land or a building.


If tenant invites friend to visit that person is a guest.
No requirements exist for landlord to accompany their tenants throughout the building.

MO's is duty bound to enforce by-lays as laid out in the SMA act.
So if resident (be they tenant, owner, guest, contractor) commits an act of vandalism for example the, MO is obligated to act.

If MO don't do their job, they can be dismissed or held liable for breach of duty.
aaronpang
post May 30 2019, 04:42 PM

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QUOTE(Siao_Lang @ May 30 2019, 04:15 PM)
This is well said and is observed in most airbnb operated abode. Most long term tenants move out due do poor management and maintenance of building. In a nutshell, airbnb does more harm than benefits.

For instance, luxury condo turned to be a low class condo with people entering swimming pool with their clothes on, one unit can stay up to 10ppl or more, party music in the middle of night, lift waiting time increases. Check in guest accumulating in the lobby area.... and much more... My gosh, the horrendous experiences.

Hence, there must be proper implementation of policies to tackle the nuisance caused by airbnb operation.
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So guards all tidur, MO staff duduk office tengok youtube videos.
Best job in world get paid tons of money to sit in aircon office, napping in CCTV room and loiter do nothing.

QUOTE
Most long term tenants move out due do poor management and maintenance of building.

What is you building manager doing? Got go on rounds inspecting or sitting in airon office.

Think Airbnb operators wanna to get fine every other day, if don't pay the fines block their access cards.

So far everyone giving same lame excuse, even from so called experienced council member.
Shameful if I was a resident I'll demand the whole council resign.

aaronpang
post May 30 2019, 05:04 PM

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QUOTE(gks @ May 30 2019, 04:49 PM)
The true is....airbnb and operators are giving themselves excuses...and they are running out soon with regulation especially if gov goes ahead imposing time limit 90 days. All commercial operators can bungkus. smile.gif

The fact is majority of apartments are banning Airbnb and limited few which still allow Airbnb in operation.
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Sort-term rental helps owners earn extra income and give tourist greater choice. While helping Malaysia grow tourism.

Like Uber and Grab, Airbnb will be recognized and regulated which isn't a ban.

So lazy Councillors and MO will still have to do their jobs.
aaronpang
post May 30 2019, 05:32 PM

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QUOTE(Siao_Lang @ May 30 2019, 05:01 PM)
You must be one of the airbnb operator? Or either youve never been to an airbnb run abode before?

Do you think Security guard get paid to look after airbnb guests? Security guard is not responsible for check in check out guests. Do they get profit out of airbnb rented unit? Yes? No? If yes, of course they will serve your guests.

Management Office rols is to take into consideration of the DMC signed between vendors and developers, which is ultimately to ban airbnb if its deemed nuisance.. Hahahah... Like what has been implemented in most residences..

Ignorance is bliss!

Airbnb Operator -profit oriented, they dont care whether your property damage, depreciation value of property and damages in long run or not, all they want is 100% profit..

Ive also seen the aftermath of airbnb operated unit, after airbnb operator decided to surrender to owner. Lots of unpaid utilities bills, damages internally which must be explored thoroughly and vice versa. Period!
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Stupidity is infinite! Everybody wants to profit be they owners, short or long term renters.

Yes I rent my apartment on and off via Airbnb. The profits are used to pay maintenance fees and sinking fund.
If the building is rundown or pool is dirty I cannot rent.

Quite the contrary operators want building to be well maintained and serviced to be sustainable.

QUOTE
For instance, luxury condo turned to be a low class condo with people entering swimming pool with their clothes on, one unit can stay up to 10ppl or more, party music in the middle of night, lift waiting time increases. Check in guest accumulating in the lobby area.... and much more... My gosh, the horrendous experiences.
So what are the guards doing, sleeping, watching youtube?





aaronpang
post May 30 2019, 05:33 PM

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QUOTE(gks @ May 30 2019, 05:30 PM)
Hotel already come out and highligted the concern of these Airbnb that not on level playing and as well cannibalise their business.

The standard of hospitality of Airbnb operators is less to be desirable. I wouldn't stay in Airbnb in Malaysia unless I am on low budget.

Like forumners say.. MO and JMB/MC job is not to manage guests and whine of owners.... There are too many appalling owners and operators out there who think otherwise...
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Hoteliers have their own agenda to corner for themselves.

They're not altruistic.

 

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