Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

 Foreign Tenant Background Screening

views
     
cherroy
post May 22 2019, 12:12 PM

20k VIP Club
Group Icon
Staff
25,802 posts

Joined: Jan 2003
From: Penang


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.
cherroy
post May 22 2019, 02:41 PM

20k VIP Club
Group Icon
Staff
25,802 posts

Joined: Jan 2003
From: Penang


QUOTE(ariesguy @ May 22 2019, 01:09 PM)
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?
*
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.

cherroy
post Jun 13 2019, 09:20 AM

20k VIP Club
Group Icon
Staff
25,802 posts

Joined: Jan 2003
From: Penang


QUOTE(okuribito @ Jun 13 2019, 02:11 AM)

QUOTE
Under strata title act, JMB/MC has no right to screen/choose tenant on behalf on owner,

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


*
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.
cherroy
post Jun 14 2019, 10:45 AM

20k VIP Club
Group Icon
Staff
25,802 posts

Joined: Jan 2003
From: Penang


QUOTE(okuribito @ Jun 13 2019, 02:35 PM)
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. smile.gif
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.

 

Change to:
| Lo-Fi Version
0.0224sec    1.04    6 queries    GZIP Disabled
Time is now: 14th December 2025 - 03:50 AM