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.

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

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/

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.

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.

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.

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...