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Joint Management Body (JMB) requests for tenant information

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asked on Dec 7, 2018 at 05:01
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edited on Dec 18, 2018 at 22:49
 
I wish to seek your legal advice on my case. I own a condo/apartment unit with strata title in Kajang and is currently leasing the unit out to a tenant (foreigner). The property Joint Management Body (JMB) is requesting to furnish the details of the tenancy, including copy of the tenant IC/passport, passport size photo, working visa, letter of employment as well as complete set of tenancy agreement. JMB claimed this is their standard procedure and has issued 24 hours written notice to block the access cards as well as water and electricity facilities if we do not comply to the request. 

Kindly advise if JMB has such rights to the request/actions above and whether we could have a case against the JMB above. 
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6 Answers

answered on Dec 7, 2018 at 05:06
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edited Dec 7, 2018 at 05:09
by   DChai
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answered on Dec 7, 2018 at 07:39
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JMB claimed this is their standard procedure and have issued 24 hours written notice to block the access cards as well as water and electricity facilities if we do not comply to the request.

You can write a letter to reply their request.
In this letter, you can ask them which law or authority gives them the power to request private resident's personal information.
Also say that you will take legal action if facilities are blocked without a valid reason.
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answered on Dec 7, 2018 at 07:46
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answered on Dec 7, 2018 at 08:52
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Hi jeff005,

That immigration law you mentioned does not grant powers to JMB or MC or management to obtain resident's private information.
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answered on Dec 7, 2018 at 09:54
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edited Dec 18, 2018 at 23:14
 
This is no ordinary local resident. It is a foreigner who may or not have any authority to be inside Malaysia after their Visit Pass (Tourist Pass) or Student Pass has expired.

The above section is just one of the many sections. There is no point posting the other sections if unit owners do not understand the legal implications and complications. Waste of my time and resources. One can access the Immigration Website to obtain updated information.

There are many legal foreign tenants who bring in and sub-let to other friends who are illegals. This is a very big issue and one of the causes where there is still  3,500,000 illegals hiding like sewer rats albeit some living, hiding inside condos or apartments. These properties are rented to foreigners at higher rates of 35-40%. With higher returns, the higher the risks.

Properties owners do not read or heed the warnings of the Immigration Director General in mainstream public media. One of the workable solution is to weed out properties owners who have flouted with immigration law by renting to legal foreigner who in turn sublet to illegals.

Rent to foreigner is legal if they have the permit to remain inside Malaysia. Illegals found inside the rented premises, the unit owner will be charged for "harbouring" and providing illegal services to illegals.

There are no laws governing JMB, JMC & Management to seek private personal details of residents. The JMB has issued such  "MEMO" to protect themselves in the event of immigration raids conducted from reports from other residents who are against the presence of foreigners in their Blocks. No personal issues with me. None of my business.

After issuing this notice to the unit owner, very simple, once security has knowledge of the presence of foreigners visiting that particular unit, just call the Immigration hotline. Once the immigration raiding team and police arrive, the foreign tenant living inside will have to declare the identity of all those found inside, including locals, their passport details, permits details and interrogated inside detention camps if anything found suspicious. The unit owner will be subsequently charged in immigration court if there are illegals found inside, never mind they are visitors or not.

Under the amended Immigration Act, Immigration has the powers to raid any premises, without the need for search warrants. Why are so many big factories (500-2,000 workers) owned by politicians, powerful people have been raided. Why is there no "cries" of the need for search warrants?

Q.  Why are house owners aiding the proliferation of illegals by the giving of accommodation services to them? Take note that there are still estimated 3,500,000 illegals still inside Malaysia as at today. Read the recent public announcement of our new PM, Dr.M.M, I have posted it out in this forum before.
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answered on May 28, 2020 at 20:51
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I have a question regards to JMB/JMC. In my situation, my condo is going to be rented to a restaurant owner whose staff will be staying. In such case, the JMB have stated that the condo rented to company can only be stayed by 3 person which was discussed with the Management Committee sometime end last year.

My points is, we are not notified on this ruling which has not gone through an AGM with such unreasonable number of occupancy. My question is, can they make such unreasonable rules and can enforce any rules/law on me for this?
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