Hello Sifu-sifu sekalian!
I'm sure everyone has heard of the news lately that a nurse was murdered in her condo by an African, and her body was found after 3 days. This is just one of the many cases where many foreigners causing nuisance for locals at their residential area.

Taking this into consideration, being a JMC committe member myself, we are planning to introduce Foreign Tenant Background screening at our condo. As we can't discriminate or stop a certain ethnicity from staying in a place, this appears to be the ideal call to give assurance to the local residents that the foreigner is indeed safe and not blacklisted from a criminal or financial aspect.

When we brought this suggestion to our lawyer, he said it's like opening a pandors box as certain things can backfire us. For info, our AGM was just held, and we incorporated this agenda into our house rules which was accepted and supported by almost all residents. We are also aware that the screening can be done only after the foreign tenant signs a consent form, as he's allowing the company to do a background screening on him. The question is, what if the tenant refuses? Though it's in the house rule, how to go about if he still refuse for a background screening and his stand is supported by the landlord?

Need your opinion on this guys!

Parking for info

Who do you actually want to prevent from renting, foreigners or criminals? If you're targeting criminals, why limit yourself to foreigners? If your goal is to ban foreigners, why bother yourself with a background check? Your idea is unworkable, let alone immoral.

Hi there,
The idea of us to implement this is to enable us to have records for foreign tenants who are staying at our place. Without the relevant data, it is difficult for us to monitor the the foreign tenants who are renting at our place.

As a matter of fact, when we ask the owners to provide details on their foreign tenants, they wouldn't bother since they don't live here. For them, as long as they're getting the rental and the maintenance fee is paid, rest is least of a concern.

After going thru a turmoil with our previous Management company, we have just established on getting things back on track. Foreigners issues are considered as one of the major thing at our place, as we have had cases of harassment, stalking, extortion, drunk, fighting, threatening, late night party, expired student visa, overstay and even murder attempt. When we look into the percentage of cases that was filed by the residents at our place for the past 1.5 years, a very large number was pointing towards them.

Looking at all this, the thought of implementing this will enable us to have records of their credit checks, status verification & criminal records. It is also viewed from a prospect where if I have nothing to hide, I am confident of a background check. Hence, upon doing the check and results found satisfactory, it would be safe to assume that the foreigners who are staying here are generally acceptable. And in the event of any misconduct, we have details pertaining them if any authority approaches.

For info, this tenant background screening is practiced in many countries such as USA, Canada & The UK for landlords who would want to rent their property especially for an international tenant.

For the local tenants, we have no qualms as we generally do not have any issues in getting their particulars and they are typically cooperative. As such, you can see the need why we would want to implement this for the foreigners who are refusing to provide their actual details.

Talking about immoral, I believe there are many condos out there which are putting up banners saying 'No Africans Allowed', which is blatant racism or coming up with a petition from the fellow residents to stop people renting to foreigners, Africans especially. This is unethical, let alone inhumane.

We were in a dire need to come up with such rules especially since it was a hot topic during the previous AGM. Hence, need your input on how we can go about this.

Thank you

Under strata title act, JMB/MC has no right to screen/choose tenant on behalf on owner,
but JMB/MC has the right to request tenant profile from the owner, just like JMB/MC has the list of all owners profile for the entire building.

This is something JMB/MC can work on.

Does this mean that JMC reserves all the rights to request for the foreign tenant profile and can take a copy of the documents (passport/letters) related to them? And if they still refuse, up to what extend can we go? Blocking access card can be an option?

First off, what do you think you can find out about a foreigner here?

Beyond their immigration status there isn't anything as a JMB you can find out.
Credit checks? Most likely if they are crooks they live under the radar of CCRIS/CTOS.

Reference checks? These can very easily be forged for tenancy purposes.

Also what are you going to do if the following happens?

Owner overseas. Gives it to the care of a managing agent. Agent finds a tenant who is an agent for foreign tenants, everything checks out perfectly because the JMB would not have known that person is an agent, after 2 weeks a bunch of Africans moves in and assumes the tenancy? What could have your background checks have done to prevent that?
Absolutely nothing at all.

As a JMB chairperson, I can tell you any type of system you can think off there will be a way to circumvent it.

Your points are indeed a harsh truth

From your perspective as a chairperson, what would you reckon we can do? Make it compulsory to have owners /agents submit their tenant's profile to the MO? Can be made mandatory?

This post has been edited by ariesguy: May 22 2019, 01:23 PM

Technically, JMB/MC has right to request those info as a list who are staying in their managed condo/property, so that in any disastrous event happened (building collapse/fire etc), they have info to look to assist for rescue effort, potential list of victim etc.

A lot of stratified property has problem of owner to pay up on time, or some even refuse to pay the maintenance fee, some even beat up security when their car being clamped due to parking in not designated lot.
Lack of cooperation may be the key problem for enforcement.
Yet, it is a SOP to get those info, and actually quite important JMB/MC to have those info.

Fyi
JMB/MC has the right to block common facilities access if owner/tenant breach house rules, but no right to block access to individual parcel unit.

I will give you these advice :-

1) You can't do everything on your own. Does not matter whether it is a RM100psf junk grade condo or a RM2000psf elite condo, unless you have people on board with you nothing will happen.

2) They say when it comes to cars it can be fast, good or cheap pick 2. When it comes to a strata development the JMB can have 3 aspects which are cheap, great in maintenance or great in security, you will have to choose 2 to pick. You want great maintenance and great security? Sure no problem, maintenance fees must go up. You want great security at a low cost? Doable, just you have to cut down on other things such as maintaining the lawns or facilities for example.

What I see is if your development is having issues with crime then initially invest more in security, more CCTVs, more security guards, more patrols by security guards. Stricter visitor controls. But first and foremost make sure accounts are up to date, go after those that don't pay and don't give too much leeway.

First and foremost screening is useless because your providers are local (example CTOS [CCRISS only available for banks], bankruptcy search, criminal records) and you are implementing it on foreigners.

I have heard of "certificate of good conduct" issued by the respective embassy/consular. Basically, this is intended to confirm that the person has no criminal records in their home country. I will let you guys do research on this point.

I think the key point to note here is:
(1) you can't restrict landlords from letting out their property;
(2) you can't discriminate; and
(3) you can't prevent a person from going to their parcel.

Before they get to their parcel however, they need to pass through "Common Area". This is where JMB/MC have most control over residents.

The strategy here is to deploy various paperwork, access card followed up by strict enforcement. Shady characters will typically find this challenging to comply and will naturally opt out of the tenancy.

Strategy 1:
Issuance of a separate access card (example for barrier gates, lifts etc...) for tenants and owners.

If you have facilities, you may want to consider a seperate access card system, if you can afford it(or already in place)

Note: This will be a huge exercise and you will need to pass this as an agenda during AGM.

Strategy 2:

Control over property agents. All property agents must register themselves with the management office. Registered property agents will be published on the notice board. Reason being, if there are nasty tenants and the property agent does not assist to rectify, they will be barred from entering the property.

Strategy 3

Before obtaining access card, the tenant must provide the following information:-
(1) the property agent must appear in person and provide details to management;
(2) tenancy agreement (full set);
(3) identification document (passport together with proof of stay ex: study pass);
(4) if student, letter from university/college;
(5) certificate of good conduct from the tenant's respective home country;
(6) emgency contact details (email, phone) of the tenant's parents/guardians; and
(7) terms of use of the access card.

The terms of use of the access card should be signed-off by the tenant. If the tenant misbehaves, their access card will be revoked and they have to sign-in each and every time and they have to produce identification documents/tenancy agreements and a letter showing JMB/MC has provided temporary access to the tenant (if applicable). At entry point in the guard house, at the lobby (if guards are posted) and the common facilities (if guards are posted). The tenant will be escorted or tapped-in by guards.

Strategy 4
If the tenant manages to get past the documentation phase but behave badly, have their access card disabled based on the "terms of use of the access card". (refer to sign-in every time).

The above arrangement can also be used to defeat renting out of units to Airbnb occupants.

The procedures should be adopted via AGM.

I have to say your point sounds pretty much effective. And thank you for the listed suggestion!

I have made my research pertaining to Certificate of Good Conduct' which can be done online and it's only RM20. But the only setback is the duration takes approx 1-2 months, and the foreigner who intends to apply it must have reside in Malaysia at least 12 consecutive months under their long term visa:




If the tenant is in a move in condition and the owner wants him to move in immediately, it may seem a little difficult from our end especially from compelling owners.

For the agents listing, this is indeed a great approach. We are actually in the midst of replacing the access card, and this will be the time to get the full listing of the agents and we will register them under us.

You were saying that 'The terms of use of Access card' can be implemented to to restrain the use of units as AirBnb. From our previous conversation with our local COB, he mentioned that currently there are no law to prevent such thing, as many owners are buying these units for such investment. If I am an owner for the homestay unit, all I have to do is just may my monthly maintenance fee, and pass the access card to the person who booked. If he/she did not cause any nuisance, I would assume everything is fine. But from JMB's perspective, how can be curb or prevent from such person renting it for a short term stay at our place?

Thanks once again!

I just think about the following:-

1) Under SMA Act, there are some prescribed by-law stated in Third Schedule;
2) Any additional by-law made by JMB/MC need to filed a copy to COB, and those addtional by-law cannot contradict with prescribed by-law;
3) To make sure any new owner/tenant or however enter into the building should registered with the Management Office to provide their basic info;
4) JMB/MC also can issue written notice to any proprietor/tenants pertaining to the complaint toward them, after 2 written notices send, JMB/MC may proceed with further action.
5) for AirBnB, if this building is under residential title, just report to PTG/licensing Dept where they are misuse residential parcel for commercial use;
6) If this is commercial title, introduce additional by law for air-bnb, for example, to install emergency sign at all common staircase, to install mimic diagram, just imagine if u in a hotel, what u will see and impose those to airbnb owner.
7) This is due to under current law, if this is commercial title, u cannot restrict them to use as commercial. U only can create more rules to make them difficult to carry such business.
8) Another way is to create some access point to mail room like access card, so that those people unable to access to the mail room to take the key.

TQ

airbnb still falls under residential use.

No, if this is airbnb, it will considered as commercial usage, because it will act similar to hotel operator.

If this is residential title, i think you can report this to COB/licensing/PTG..

You may refer the case:

Verve Suites Mont Kiara Management Corporation v Innab Salil and 20 Others (Kuala Lumpur High Court Civil Suit No. WA-22NCVC-461-09/2017)

In this case, MC held an EGM for additional by-law prohibited short-term rental of the parcels and obtained majority vote. airbnb owner/operator dissatisfied and file to strata title tribunal to nullift this addtional by-law.

Decision of the Court

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 guest.

"House guests" who have booked their unit 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.

From the facts that short term rental activities severely disrupted the peace and quiet of Verve Suite, as such the additional by-law introduced by MC is valid and enforceable.

Restricting short term rental activities can be made through passing a resolution at a general meeting and introducing additional by laws. Imposition of fine of RM200 is for each infringement.

You may search online for this case for more details.

thank you.

This is indeed a good case to study about...thanks for sharing this bro!

TQVM for this case study.

if u read carefully, they did mentioned "No proprietary rights passed to them", from my interpretation, it may refer to those guests only can stay in the unit but cannot enjoy all the common facilities likes gym or swimming pool.

May be u can explore how to draft those additional by law on this. Suggest u engage a lawyer who is very familiar in strata management to assist u on this.

Sorry for the delay in response. I was waiting for the responses to die down before I respond.

I think i just open myself another can of worms i.e. Airbnb.

All the procedures that I have proposed is not intended for an "outright" prohibition but making it difficult by putting paper work in place. If assuming the tenant (or Airbnb occupants) observe all the terms and conditions to the letter, it will be very difficult for you to filter out and they will be out of your hair.

It's only when they appear on the radar than you will use the tools available:

(1) disabling access card for security reasons because house is registered with Owner A but visitors have been seen coming in and out of the house; or
(2) requiring registration and show of documents at entry points [this is to catch Airbnb or tenants, they don't have transportation. Disable their access card, request them to produce documents i.e. passport/NRIC, tenancy agreement as proof of their occupancy].

Disclaimer: Whoever is reading this/ To whom it may concern... Before I begin, forum is a public space and information are obtained from public source. If you are in doubt, please check with a professional i.e. lawyer or your building manager. The information is intended for public discussion.

Okay, looks like we going on serious mode here. My answers and question in bold:

1) Under SMA Act, there are some prescribed by-law stated in Third Schedule;
There are two modes of recovery of maintenance due to management:
(a) through tribunal (s34/78); or alternatively
(b) attachment (section 35/79) i.e. seize the owners property and sell it off to recover maintenance fee due.

Doesn't quite aid the OP/TS (forgot this forum use which one to refer to question starter) question, please elaborate further on your point. Would help with discussion.



2) Any additional by-law made by JMB/MC need to filed a copy to COB, and those addtional by-law cannot contradict with prescribed by-law;

First hurdle, by-laws cannot contradict regulations made under section 150:-

The point where in cannot contradict refers to those laws created under section 150, example below:-
1. PU(A) 107/2015 STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015 (refer to preamble of the Regulation)
2. PU(A) 116/2019 STRATA MANAGEMENT (COMPOUNDING OF OFFENCES) REGULATIONS 2019 (refer to preamble of the Regulation)

Second hurdle (section 32 or 70):

Maybe additional requirements, depending whether you are a JMB or MC (Please note). Your by-laws must fall within the following category:-

(a) safety and security measures;
(b) details of any common property of which the use is restricted;
© the keeping of pets;
(d) parking;
(e) floor coverings;
(f) refuse control;
(g) behaviour;
(h) architectural and landscaping guidelines to be observed by all parcel owners; and
(i) imposition of fine not exceeding two hundred ringgit against any parcel owner, occupant or invitee who is in breach of any of the by-laws.

Third hurdle

The by-law needs to be passed by a special resolution.

Special Resolution means:


Fourth hurdle

File with COB.

section 32(6):


section 70(6)


3) To make sure any new owner/tenant or however enter into the building should registered with the Management Office to provide their basic info;

What is basic information and where do we cross the threshold of too much information?

My reason to each of the information requested as follows (but i am sure you guys can think a better one than mine):-

(2) tenancy agreement (full set);
- Reason why full set is requested is because we want to ensure that there is a contract in place. Example: what if he provide you all pages except for signature page OR what if he provides you with the cover page and signature page only? Does it mean there is a signature?

(3) identification document (passport together with proof of stay ex: study pass);
Not only we would want to know that the person is legitimately in this country but also for the security of the rest of the residents, their stay should correspond to their purpose. Also, if there is fire or emergency, it would be easier for management to carry out headcount

(4) if student, letter from university/college;
Same as (3) above

(5) certificate of good conduct from the tenant's respective home country;
Same as (3) above

(6) emgency contact details (email, phone) of the tenant's parents/guardians; and
[B]Same as (3) above

Coincidentally, section 32 and 70 also mention, JMB/MC can make by-laws that are:-



[/B]


4) JMB/MC also can issue written notice to any proprietor/tenants pertaining to the complaint toward them, after 2 written notices send, JMB/MC may proceed with further action.

Action can be taken if the by-laws provides for it. I presume what you say means the by law already provides for it.

5) for AirBnB, if this building is under residential title, just report to PTG/licensing Dept where they are misuse residential parcel for commercial use;
no comment.


6) If this is commercial title, introduce additional by law for air-bnb, for example, to install emergency sign at all common staircase, to install mimic diagram, just imagine if u in a hotel, what u will see and impose those to airbnb owner.
no comment but i would agree even if its for residential property as additional by law requirement.

7) This is due to under current law, if this is commercial title, u cannot restrict them to use as commercial. U only can create more rules to make them difficult to carry such business.
Same concept applies for residential.

8) Another way is to create some access point to mail room like access card, so that those people unable to access to the mail room to take the key.
yes, one way is to introduce more access control points.


Can't comment without any proper reference.

Typically common law occupancy principles on a land is classified as follows:-
(a) trespassers
(b) visitors
© licensee
(d) tenant
(e) lessees

Each type of different occupant would impose different type of obligation on the owner.

Example: the owner digs a pit on his land, assuming you are a trespasser and you fall and injure yourself, compared to a tenant, what is the liability to the owner? Would a trespasser have more right compared to a tenant or vice versa?

In simplest of terms an Airbnb is merely a licensee.

This post has been edited by aurora97: Jun 3 2019, 02:03 PM

I totally agreed with this statement.
In most of the case, we only provide our view point / suggestion, however you should make your own decision.
If you are not clear of which/what decision to make, please consult with a professional, i.e. lawyer for advise.

Thank you.

airbnb, simply put, is short term rental. Thus airbnb guests are deemed to be tenants in the eyes of the law.

you, as the proprietor (property owner), surrender full access of usage of your parcel (unit) together with the rights of a parcel owner (right to use the common facilities subject to the management's house rules & regulations) for a certain period of time (number of days' stay). During their stay, you legally do not have any right to access the property or the common area (as you have already surrendered the right of usage to your tenant/airbnb guest).

an airbnb guest is no different from a monthly/yearly tenant in the eyes of the law. They are considered a 'tenant', and airbnb guests are regarded as 'short term tenant'.

The definition of 'short term rental' is not defined under the law, however the municipal council passed the baton to the building management to come up with their own definitions.

You can check in the Deed of Mutual Covenants (most, if not all, of the condo/apartment/serviced apartment/ gated & guarded landed strata houses has one) whether short term rental is forbidden by the Developer & subsequently adopted by the JMB/MC upon their formation.

Licensee, however, refers to a 'guest' in layman terms. If you ask ur friend to come into your condo, he is an visitor/invitee/licensee (which means the same under the law) who has mere access to your unit (or the common area) but no exclusive access to it (meaning he can't lock you out of your house without you getting pissed off)

a tenant/licensee/invitee/visitor ceases to be one, once they no longer have your permission or consent, whereupon they will become trespassers.

A lessee however legally means someone who has leased the property/building/land for a term exceeding 3 years, and has the right to register his lease onto the individual title/strata title of the property.

Once you read the following case:-

Verve Suites Mont Kiara Management Corporation v Innab Salil and 20 Others (Kuala Lumpur High Court Civil Suit No. WA-22NCVC-461-09/2017)

Do tell me whether you wish to revise your response.

You can also read:

https://blog.burgielaw.com/2018/11/09/strata-management-case-updates-11-how-can-one-stop-air-bnb-or-short-term-rentals/

I don't think you are right in your definition.

Airbnb like you say is short term rental or short let BUT in exchange for PAYMENT and/or CONSIDERATION.

As a Tenant, you will have tenancy agreement.

As a Tenant with short term rental usually referring anything less than 1 year tenancy under tenancy agreement. Still a TENANT.

As a Guest (not the kind of guest which your friend come over to spend a night for free; it is ESPECIALLY referring to "guest in exchange for payment and/or consideration on a temporary basis for a period of short consecutive days and where such occupation is not subject to residential tenancy agreement or lease"), it is also refer to as "PAYING GUEST".
Therefore you will have a short let for business purposes. Hence, this is where AirBnB comes in. Strata residential properties does not "accomodate" paying guest hence many JMB try to outlaw it.
Like you say. AirBnB refers them GUEST BUT NEVER will be deemed as "TENANTS".

It is a can of worms that AirBnB opens thus there are many such cases popping out. But to refer generally as what I've mention as above, residential properties are not allowed for short let business.

A very good example, whereby Kota Kinabalu has passed a (SHORT LET) BY-LAWS, 2017 of CITY OF KOTA KINABALU ENACTMENT 1998
AND LOCAL GOVERNMENT ORDINANCE, 1961 (No. 11 of 1961). Which DEFINES as per below :-


So in a nut shell, any short let business carry out in RESIDENTIAL PROPERTIES is illegal here in Kota Kinabalu. Although some are still running it and the enforcement is still lacking.

I think other cities/towns in Malaysia should follow suit like what Kota Kinabalu city council did (maybe some other cities have already did? I dont know). This is the best way to prevent any further misinterpretation and leading to court cases or misuse of any short let business under residential properties.

A very well detailed court decision on the link provided by aurora97

Anyhow, please feel free to correct me. Cheers.

This post has been edited by edyek: Jun 4 2019, 05:13 PM

i disagree with the judgement and definition.

once i win another case to change the law then i'll update u.

govt doesn't want to enact a tenancy act to address this , as lots of stakeholders are involved in this (heck, even their ownselves or their family members).

hence the dirty work is being passed to the JMB.

I've done many cases to bypass whatever the JMB has thrown at my client. HMU if you require consultation for your homestay strategy.

Of course if the land title is commercial usage and the "residential" was built on commercial title for commercial usage, then it is not illegal. Thus JMB cannot outlaw it.

Please do update if you have any news. This is a good thing for the pubic to be aware of.

The decision of a court typically stands until they are overruled by either a superior court or legislation through parliament. Even if a decision isn't favourable, it stands.

So for those reading and those providing their views, we should always present our case based on prevailing authorities (despite differing views).

Aside from the above, I think its also pertinent that one does not make baseless allegations/assertions without first providing source or reference.

Couldn't have say it any better. You should have type this in your last post. So I won't type so much kok.

I think when we come to a forum, we present our views as lay-persons. If however, a person professes he/she is of a particular profession/specialist than there is a higher standard on him/her to present a proper view/case.

I believe lawyers r called "officers of the court" for a reason.

This is about Airbnb or about Foreign Tenants now?
Good info here tho.


[/quote]


I feel you guys have your heart in the right place but are going about it wrongly. Some perspective:

Without the relevant data, it is difficult for us to monitor the the foreign tenants who are renting at our place.
Does this mean that JMC reserves all the rights to request for the foreign tenant profile and can take a copy of the documents (passport/letters) related to them?
This answer is related. Yes JMC can and SHOULD have copies of all resident, tenant and owners, information. Its usually in the owners handbook. No need additional laws about this.

we have had cases of harassment, stalking, extortion, drunk, fighting, threatening, late night party, expired student visa, overstay and even murder attempt. When we look into the percentage of cases that was filed by the residents at our place for the past 1.5 years, a very large number was pointing towards them.
Thats terrible to hear, but the thing is all also can do this local or otherwise. Can you provide some info or statistics about this % of cases, seems interesting.

enable us to have records of their credit checks, status verification & criminal records.
When they come over, unless its on a tourist visa, their company/college would have done WAY more checking then we or the JMC can do. Again, gather the relevant ID, Visa, Employment/Student letter and the Tenancy agreement. The visa and the letter essentially tells you they have been checked.
I was an expat for a few years, they do ask alot of documents for my employment permit. And stay permit. And local tax registration. And domicile letter/Tenancy agreement. And bank account opening. And CC opening.

For info, this tenant background screening is practiced in many countries such as USA, Canada & The UK for landlords who would want to rent their property especially for an international tenant.
Thats not FULLY true. The background screening is done for all tenants of all types. If you do credit and police check on foreigners, you have to do it on on all tenants and future owners (since they are new residents, assume old residents are grandfathered in).

For the local tenants, we have no qualms as we generally do not have any issues in getting their particulars and they are typically cooperative. As such, you can see the need why we would want to implement this for the foreigners who are refusing to provide their actual details.
If im about to steal stuff, id be cooperative too with fake documents. Locals or not shouldn't influence your procedures. Also, anyone, foreign or otherwise, not providing their ID, faking their ID, or misrepresenting who is a resident can be dealt with with existing laws in your owners handbook.

*I assume a generally competent owners handbook of all the existing laws is present. If it isnt, you have a more urgent problem to look at.

So just ensure your ENFORCEMENT of existing laws. Maybe tweak it a little (like add the surat from company/uni) for all tenants. Have better entry screening and more security. Thats about as good as it gets besides going into immoral territory. As a plus, your place will naturally be safer from everyone for everyone!

As i mentioned earlier, u can add the following in your owner handbook, but if you don't have, then u may need to obtain a special resolution to obtain majority owner approval on this.

1) It shall be the duty of every occupant to inform the Management of the identify of all persons residing in his parcel. The registered lawful owner or head resident shall furnish the Management the above information as per PDPA in writing his current mailing address, email address, office and mobile contact numbers, name of residents in the unit and all other relevant information which the management shall require from time to time.

2) It is the owner's responsibility to notify the Management should their unit be rented out and furnish the details of the tenants XXX working days in advance before such tenants are allowed access to the development. Tenants who are non-Malaysians must provide a valid proof of residency or work permit as appropriate.

3) All new occupants are required to complete the residents record form and made available at the Management Office within 24 hours after moving in.

4) For unit that are let out, the owner shall notify and furnish the Management Office with the necessary particulars of the Tenants and copy of the tenancy agreement. Such tenancy agreements shall incorporate the House Rules and Regulations for compliance by the tenants.


With the above in your House Rule / Owner handbook, i believe u can request the documents from the foreign tenant.

TQ

BurgieLaws' Strata Management Case Updates 12 – Can MC prohibits foreigners from renting? >>>> this 2018 case seems to say that you can have House Rules/additional by-laws that discriminates against certain nationality. Is that a correct interpretation?

...................................................................

Curious, can please share which section of strata title act says this?

....................................................................

Is this loss of rights a common law principle or coming from statute?

What happens if an owner does not live in the unit but rents out room by room? Very common eg condos near colleges. Every now and then, he will need to access the unit to show an empty room to prospective tenants, or to do repairs, or to check up on cleanliness etc

- Can the jmb/mc make additional by-law to say that he must surrender his access card, failing which it will be deactivated? That he must register as a visitor when he enters the condo?

..........................................................

Notice of 1st AGM & subsequent AGMs

Form 14 of the Strata Management (Maintenance & Management) Regulations - SMMMR - specifies the notice of the 1st AGM & its contents (agenda items). Do all the same agenda items have to be included in subsequent AGMs? Can certain or any agenda items be omitted?

..........................................................

Question about making/amending additional by-laws:

I think 757 says that JMB/MC can make/amend additional by-laws by special resolution which needs 21 days' notice. Instead of convening an EGM, let's say an MC decides to propose additional by-laws at the AGM. So instead of 14 days notice, the MC will have to give 21 days' notice, right?

Assuming an owner wants to propose a by-law at that AGM, must he give 21 days' notice? OR can he use Rule 12(2) of the SMMMR and write in "not less than seven days before the AGM" to propose a motion to adopt the additional by-law he drafted?

...........................................................

Sorry, many off-topic questions. Dunno where to ask & this current thread seems the best place & most number of knowledgeable ppl

aurora97 ulala2 hanhanhan please chime in. TQ

This post has been edited by okuribito: Jun 13 2019, 02:45 AM

BurgieLaws' Strata Management Case Updates 12 – Can MC prohibits foreigners from renting? >>>> this 2018 case seems to say that you can have House Rules/additional by-laws that discriminates against certain nationality. Is that a correct interpretation?

We are reading something that is summarized. Also, that is someone else account of what happened. Plain reading itself, there is no discrimination at all. The court allowed gave priority to the by laws and interpreted the wordings to the letter.

I though the things I have mentioned earlier was extreme but actually its child's play LOL... . This is an interesting case indeed. Thanks for bringing it up.

Strata title act say none on this issue, hence the strata title act does not empower JMB/MC on any matter related to individual parcel apart from common property related and house rules on common facilities/surrounding.
Or in other word, the unit is owned by the unit parcel, he/she can sell, rent to anyone.

JMB/MC only can act on what have been empowered to them based on the act, eg
Collect maintenance fee, taking care of common facilities, fire insurance, impose house rules etc.
That is why even the unit owner defaulting the maintenance fee, JMB/MC cannot stop the owner to access to his/her unit.

The act doesn't say any sale/rent needs to take consent from JMB/MC.

Unless the property is under similar to restricted leasehold property type whereby there is leasehold agreement clearly stated any sale/rent of such property may require consent from the lessor.

I would like to make some correction on the above comments:-

1) JMB/MC do not have any power on issue related to the individual parcel, HOWEVER, they have the power in controlling the common access lead to the individual parcel, for example, car park, lift lobby, corridor and so on.

2) To recover debt, JMB/MC need to file to Tribunal.

3) The act doesn't say any sale/rent needs to tkae consent from JMB/MC. HOWEVER, JMB/MC have the right to block any new faces which is not listed in the owner list enter into the building unless they need to show proof such as tenancy agreement or so on.


Would also like to update on the below situation: -

There is a break-in case in one of the condo units at level 8.

QUESTION:
1) Are JMB/MC is liable on the break-in case in the individual parcel??
Answer is No. JMB/MC only liable on any issue related to common property.

2) If this is due to negligent of security guard caused the break-in case, are JMB/MC liable??
Answer is No. JMB/MC appointed the security company to safe guard the common property, if any act of negligent by the security guard, security company will be liable on this.

This post has been edited by ulala2: Jun 13 2019, 12:39 PM

I believed your above question is posted at the wrong thread, you should post it at https://forum.lowyat.net/topic/3608743

Anyhow, i try my best to answer you.

1) If JMB/MC want to make new additional by-law, they need use special resolution and obtain majority vote in AGM/EGM.

2) If this is special resolution, u need to provide 21 day notices to all the proprietor. Meaning that, the Notice of AGM/EGM need to send out at least 21 days before the meeting date. Adding to that, the Notice of AGM/EGM must attached with the special resolution to list out all the proposed additional by-law, and this also as part of Agenda in the Notice of AGM/EGM.

3) Please take note that on Motion, Second Schedule, 13(1),



If you read carefully, IN THE AGENDA OF THE NEXT GENERAL MEETING. Means, u submit a motion in this AGM/EGM, will only discuss in the next AGM/EGM.

4) The additional by-law only can make by JMB/MC, not a single proprietor.

TQ

ok tq. I copy & paste this one to that thread. Replied there

This post has been edited by okuribito: Jun 13 2019, 02:22 PM

Thanks & yup it's only burgie law's summary. But where to find the full judgment? google taada. Appreciate if you will update us after reading the source

Yeah I understand the principle of invalidity of actions beyond the powers conferred upon jmb/mc by 757. BUT the JMB/MC is also empowered to make additional by-laws ... no?

And if the JMB/MC is of the opinion that certain nationalities pose a security risk, they can propose additional by-laws to deal with it... providing the proposal is not inconsistent with Schedule 3. No?

Then the question that needs an answer is whether the proposed screening is inconsistent with Sch 3


PS: by the way, i thought all the provisions that deal with the management of strata properties in the strata titles act that you mentioned have been deleted with the introduction of 757 ?

pps: Sch3 = thrd Schedule of Strata Management (Maintenance and Management) Regulations 2015

My elementary understanding.
I think the limitation of by-law has been posted aurora97, in the earlier page. No2.
aka by-law cannot contradict with prescribed law.

If JMB/MC can set a by-law to have blanket limitation of certain nationalities even the tenant who is legally long stay here and has enter a proper tenancy agreement, then I would propose JMB/MC to set a by-law of a water and electricity cut or even rent limitation for unit that defaulting their maintenance fee.
This can be more effective to tackle defaulting problem then. But as far as I know, this kind of by-law is not allowed.

The issue is a bit different with bnb/homestay, that JMB/MC can use security reason to screen/block entry unknown tenant who has no proper tenancy agreement.

In one of the condos that I own. It is mandatory for all tenants to have a pass card. In the application form we ask for copies of passport with valid visa and letter of employment. If student then student pass. Don’t have the info no pass card - cannot enter. For locals a copy of IC. So far no complaints at all.

For the moment it’s good Law I guess.

What if an owner or his agent simply clones the card & gives the clone to the tenant to use? Can say it's highly unlikely the owner would do that but I know of condos where agents manage multiple units belonging to "old uncle" owners who dun want the hassle & the risk of cloning (& bypassing the mgt office) is higher

There will be periodic reviews or system will flag for multiple entry.

Some managemenr will deactivate of of the units access card and lodge police report.

The owner will have to redo all his access card to regain accesa to his unit.

If you r not caught sure but if u r caught... n have to deal with the police... lol...

There are several types of access card in the market.
For those purely white colour cheap access card, u can easily go to buy a machine and clone as many as u want.
However if those card is with a more expensive type such as NITRO, due to it cost, it may reduce the changes of clone it.

As mentioned by Aurora97, in the market there are system to track the multiple entry of the access card and give access only like 1 in 1 out.
Anything like 2 in 1 out is not allowable.