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.

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.

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.