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?

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

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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?

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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?

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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?

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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

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

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