I am now already in a +10 day discussion with Airbnb on an i...
Latest reply
I am now already in a +10 day discussion with Airbnb on an issue of blocked days that are being switched to 'active' in the c...
Latest reply
Hi,
I am starting this group to gauge the interest in getting legal clarity for homestay in Malaysia.
I believe most Malaysia hosts knows that the legal position of homestay in Malaysia is highly ambiguous with the authorities resorting to subjective regulations like the Town and Country Planning Act 1976. The only requirement in this Act states that the land is to be used for its intended purposes and homestay can be defined both as a short term lease (residential purposes) or a hotel (commercial). From statements from various authorities, it seems that they themselves cannot seem to define it with their positions leaning more towards their own personal beliefs.
I have spoken to a lawyer and he said that the best way forward is a judicial review of the matter. Nonetheless this will involve costs and I would like to reach out to gauge the interests in this matter and see if it might be a worthwhile pursuit. I will push this forward if I can gather enough support. You may reach out to me at [Personal information hidden].
Feel free to share any information you might have onthe matter too! Some resources are as follows:
http://www.thestar.com.my/news/nation/2016/08/28/airbnb-considered-legal/
I am say boon from Penang. I would like to gather more homestay owners to fight for our right for rent out our property for homestay.
Currently we would like to gather strength in number & ideals. Kindly join Malaysia homestay group in FB. thanks.
Hi Meri. How can i reach you?My nombor is [Hidden]
Please add me as per our short discussion earlier
What about individual title landed, but with REsident association form. Can the resident association vote it and MBJBT finer individual title landed properties ?
Technically the Resident Association has weaker rights than a JMB / MC. Their only power lies in any possible Deed of Mutual Covenant you may have signed. But personal experience has taught me that in Malaysia they can be as "gangster" as they want and sometimes we need to resort to the judiciary to stop their nonsense.
The RA at my property just voted against homestay but rightly so the RA have also agreed to seek independent legal advise before taking any action. I doubt the RA can restrict the owners renting out their properties whether short or long term because so far as I know, there is currently no legislation in Malaysia that governs the short /long term leasing/rental of property.
yup! RAs have even less legal right unless you are a member. Nonetheless, just stop being a member and technically you will no longer be bound by any of the rules they decide upon.
hi guys, I am going to Commission of building (COB) tomorrow to request for invalid resolution posted by the management committee by tomorrow (Jun 12, 2018) morning 10am. Feel free to call me and join me.
kosong satu dua-empty dua sembilan kosong empty lima dua
FB page - malaysia home sharing advocacy - to check our regular communication. Because this forum is not much discussion here
Please allow me to join in ur FB group ~ thank!
Warm greetings from Taylor’s university.
We are contacting you regarding an research project based on Airbnb operational experience. In answering this questionnaire, you are helping a research assignment undertaken by Master in International Hospitality Management students at Taylor’s University Malaysia.
We would much appreciate your time in contributing into this study.
The findings of the study can be of help you understand the reasons to operate Airbnb services, risk perceptions and values, which can be of help to you to know the market favors better.
If you are interested in the findings of the study, do contact Ms Eleonore [Email and phone number hidden]
Thank you. Please click on this following link:
Hi Meri, my place is located at Ampang - selangor. It’s a landed semi-d with individual title. This house is not gated and guarded. Previously I had registered this house with DBKL for short term rental.
I started this business since May 2018. I receive a letter from MPAJ and they force me to close down for “short term rental”. within 30days. Else there will be a penalty up to RM100,000
What is ur advice and any other way that I can apply for airbnb/short term rental approval?
Thx
Hi Camelia, Glad you found us out on FB. That page has a lot of resources and we can discuss further there if you want.
Anyway, my past experience has told me that Majlis are willing to slap "notices" very freely as most of the time the general public will get intimidated and back off. Nonetheless, the process to execute this notice is very different. The notice is usually issued by the relevant department but actual action will need to be brought by their legal team.
I would suggest the following:
Write to the officer and cc all the senior representatives in the majlis (perancangan, bangunan, penguatkuasa, datuk bandar) and highlight the receipt of this notice and query the section of the law you have broken. They usually return with a very generic section (if they reply at all) that says things like "operating a business without a license" as in Malaysia there is nothing specific preventing short-term rental. If they do not reply just keep following up and say that you will ignore the notice until you receive a formal reply.
The issue then becomes whether is short-term rental a business? For us hosts, our position is that it is a tenancy, not a business but opponents will try to make us out as one (coz that is where they can cause us to have "issues"). Nonetheless, this area is very grey and could swing either way depending on the competence of the lawyers and the judge.
My gut is that they are slapping the notice coz some of your neighbors have been complaining. The majlis are just trying to make it seem that they are "taking action" as frankly they are stuck between two hard rocks.
Thank for the info here Meri ~
I am also facing trouble from the JMB want to block all the visitor if no ppl answer the intercom.
Don't know what kind right they have to block my visitor like that.
Will gather all the investor owner to take them down.
hi, I'm start hosting on 2018 and interested to join the FB group mentioned above
. Our apartment just VP on 2018 and has yet to form JMB. But there has been suggestion to ban Airbnb and homestay. I would like to understand our right.
Look us up on Malaysia Home Sharing Advocacy.