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

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.

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.

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.

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

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

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.