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

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gks
post Oct 29 2018, 10:26 AM

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For the pro Airbnb forumners here, your views are from the lense of Airbnb users, investors or are you now staying in condo where significant units ran as Airbnb?


gks
post Oct 29 2018, 04:27 PM

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Have you hear about law abiding Singaporeans when they cross border to Malaysia, they have become the demon on the road?

Nothing to do with upbringing of them. It is basically they know they can get away with it.

I guess most of the forumners here speaking from users and investor POV. There are many valid reasons why Airbnb are being banned in main cities or regulated strictly to the extend limit the duration of guest stays etc.

In Malaysia it is way too loose and it is not a good idea Local Council leave it to the hand of JMB and MC to manage airbnb.
gks
post Oct 31 2018, 03:36 PM

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QUOTE(genyproperty @ Oct 30 2018, 11:01 AM)
It is two side of coin.

As i am the airbnb operator myself, i have bias to protect it.  The current regulation only allow service residence/commercial title to be rent out as airbnb or homestay. Residential title is not allowed to be used for airbnb although there are some doing it for part time (rent one or two unit or rent room only) to sustain their installement or make some living.  I think the current regulation is good enough and i happily follow the rule because all my units is “legal” to be used for airbnb or homestay purpose

For some house owner, i totally understand their dire need to protect unknown stranger to enter into their premise/common area which possibly cause unwanted crime, vandalism or safety issues. And for your information, airbnb platform have some safety and security feature installed to filter the identity of the guest.

Til now i have not heard any serious issues which alarming the relevant authority to regulate airbnb activity immediately. Grab is different story because it already have many cases like rape case, robbery case, safety issues, complaint from taxi etc which make them need to be either eliminated or regulated
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The biggest loophole of airbnb is the platform only protect the properties and not the condo.. As long as guest didn't damage the properties... It is fine with operstor/host/Airbnb... What happen beyond the four walls... None of their concern... Did Airbnb provide platform for the Jmb, neighbours, affected stakeholders to lodge complaint for the nuisance caused by guests? And where are the operators/hosts when their guests are overcrowding facilities, creating nuisance at night and haphazardly parking and crowding visitor carparks/guardhouse?

Friend, Airbnb is not all rosy where the volunteer JMB try to battle all these... It is easy for operator/investors to welcome airbnb/honesty to increase the yield where they are not contributing to the long term living of neighborhood.

gks
post Oct 31 2018, 05:47 PM

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QUOTE(DesRed @ Oct 31 2018, 04:42 PM)
Aren't own-stayers, short/long-term tenants and guests also guilty of this as well? For those who spot this kind of behaviour at the facilities floor or next door, then lodge a complaint with the management office and if you know which unit those folks came from, then mention it to them as well. I'm sure appropriate action will be taken when this is done.

Not to say I'm pro-airbnb or whatever, but I believe that airbnb is here to stay regardless of what people may think of it. The more important question to ask is how to condos/serviced residence where a number of their units are used as airbnb/homestays regulate them? I've stayed at a 6 Capsquare Condominium airbnb unit before and did not see the scenario you described happening there.
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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?

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.

gks
post Oct 31 2018, 09:50 PM

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QUOTE(aaronpang @ Oct 31 2018, 09:24 PM)
Those who book accommodation under AirBNB are tenants.
Stop misinterpreting the rules to suit bias agenda.
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.

What we have is a lot of inexperienced JMB who let MC manipulate them into doing something stupid and not treating everyone fairly.
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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. 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?

gks
post Nov 1 2018, 05:40 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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BEANCOUNTER... All reso need to follow SMA...

Got ways one lar to get reso passed... Sorry cannot be shared publicly...
gks
post Nov 1 2018, 07:26 PM

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QUOTE(BEANCOUNTER @ Nov 1 2018, 06:51 PM)
Thanks....

Honestly i dont really mind or care if any highrises ban airbnb...bcos there will always be new highrises up when one older got banned.

Also ban doesnt mean 100% no airbnb.

For example...trop gardens said got banned....but still available in airbnb website.
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Tbh.. If operators/host are taking care of their guests like what a proper hospitality service should do.. Jmb/MC are more receptive... But prob is they just wash off their hands. Maximise profit but minimise effort. Also do read about the spirit behind Airbnb...

This post has been edited by gks: Nov 1 2018, 07:26 PM
gks
post Dec 14 2018, 03:01 PM

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QUOTE(AskarPerang @ Dec 14 2018, 02:49 PM)
trust4you to update in ban list:

The Reach @ Titiwangsa
refer: https://forum.lowyat.net/index.php?showtopi...post&p=91228189
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Setia Sky Residences in recent EGM also just passed resolution to ban Airbnb.
gks
post Dec 14 2018, 11:21 PM

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QUOTE(BEANCOUNTER @ Dec 14 2018, 11:11 PM)
this is interesting.

bcos if they only ban Airbnb without banning long term rental, meaning the jmb is admitting long term rental is ok.
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Both are different...If you understand how the true Airbnb /homestay works. The Airbnb form that you most see is hybrid Hotel operation.

But I do agree they shouldn't allow both.
gks
post Dec 15 2018, 12:45 PM

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An update on 9.11.2018. This injunction was dismissed by the Court of Appeal on 5.11.2018.

The Airbnb lost their courtcase. This particular operator has lost their court case with The Verve Mk and now with Setia Sky Residences.

Subsequently the MC has voted a reso to ban Airbnb and all operation should ceased by before end of January.2019.

https://blog.burgielaw.com/2018/10/11/strat...airbnb-parcels/

This post has been edited by gks: Dec 15 2018, 12:54 PM
gks
post Dec 15 2018, 12:55 PM

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QUOTE(BEANCOUNTER @ Dec 15 2018, 10:02 AM)
saw one post at Studio [or soho, cant remember, above the shoplot]  at Arcadia. very badly reno....macam cincai kautim and put on Airbnb. No free parking on premises. need to pay by meter.

so far none for dpc condos.
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Not a surprise at all. Only investors who bought wrong property need to resort to Airbnb.
gks
post Dec 15 2018, 06:19 PM

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QUOTE(mroys@lyn @ Dec 15 2018, 02:10 PM)
is the 'short term tenancy' defined in our national land code?
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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.


gks
post Mar 23 2019, 03:53 PM

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QUOTE(chesterst @ Mar 10 2019, 11:31 AM)
Yes your last paragraph - what can the JMB do right
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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
gks
post May 30 2019, 10:08 AM

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QUOTE(BEANCOUNTER @ May 30 2019, 05:59 AM)
you know why japan and Switzerland banned Airbnb?????

simple answer

these cities don't have enuf accommodation to even cater for local rental market. Many people cant afford to own houses in these cities.
but Airbnb is luractive, and many landlords will not think twice to keep their units for Airbnb instead of for long term lease. that's why their gov intervene,

but klang valley?????? ample supplies everywhere......Airbnb dirt cheap....and most if not all Airbnb aren't making any return at all.....yet condos or apartments wanna ban Airbnb...…

lets me ask you guys one thing - how many of you when you rent out yr property to ah kau ah meow, you will provide the full ID of the tenant to the management office? no rite????

try Airbnb and see......without valid ID you cant rent Airbnb. And if you behave badly, it will be reported in yr report card in airbnb (same goes with the host). Which platform is more secured for the rest of owners in the apartment?????

but I do understand if your apartments are full of Airbnb guests, especially those overnighters and 3d2n type.....

but isn't this part of apartment living? you don't know who is your neigbours, and how long your neigbours will stay there?????
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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.


This post has been edited by gks: May 30 2019, 10:08 AM
gks
post May 30 2019, 02:56 PM

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QUOTE(aaronpang @ May 30 2019, 02:21 PM)
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.
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.
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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.
gks
post May 30 2019, 03:31 PM

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QUOTE(aaronpang @ May 30 2019, 03:13 PM)
Paying for accommodation makes one a tenant.

Damage can be done by long term or short term, the laws and by-laws still apply. Hold them accountable, why the blanket ban.
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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? MO the workforce, security etc are meant for sporadic service and not for continuous service demanded by hospitality and guests.

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 and filter them.

This post has been edited by gks: May 30 2019, 03:47 PM
gks
post May 30 2019, 04:31 PM

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QUOTE(aaronpang @ May 30 2019, 04:16 PM)
https://dictionary.cambridge.org/dictionary/english/tenant
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.
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Read your by law...
gks
post May 30 2019, 04:34 PM

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QUOTE(Siao_Lang @ May 30 2019, 04:09 PM)
Airbnb biz is lucrative only to airbnb operator. Most owners are busy, they handover all airbnb tasks to airbnb operator.

Airbnb operator can do whatever they want, even renting it to walk in guests. Owner dont know how much these operators are making. Ive seen most operators doing it.

So owner does not profit much. Talking about profit sharing, its not profit sharing after all. Profit sharing is when the unit is booked via website where owners can track amount of bookings, where owners can track no of days of stay and hence monitor their income. There are many short term stay platform and walk in customers too.

Most owners ive interviewed are not making much money when their airbnb unit is source out to airbnb operators, hence withdrawing their profit sharing agreement.
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Many owners do not know.. By renting to operators are doing more harms and good...

Operators are like a leech.. They will just suck till dry and move on to next target..if your property are thrashed they will just move on and find next one...

Owners please do self due diligence.. Do not go for short term gain...

All these Airbnb only good for operators and guests who look for cheap accommodation. Especially Malaysia context.
gks
post May 30 2019, 04:49 PM

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QUOTE(aaronpang @ May 30 2019, 04:42 PM)
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.
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.
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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.
gks
post May 30 2019, 05:30 PM

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QUOTE(aaronpang @ May 30 2019, 05:04 PM)
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.
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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...

This post has been edited by gks: May 30 2019, 05:31 PM

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