Can a JMB ban Airbnb in a Malaysian condo?

Yes. A Joint Management Body (JMB) can prohibit short-term rentals through house rules passed at a General Meeting under the Strata Management Act 2013 (SMA 2013). However, enforcement against defiant owners requires a formal complaint process — JMBs cannot physically restrict access without a court order.

What law governs JMB rules about Airbnb in Malaysia?

The Strata Management Act 2013 (SMA 2013). Section 32 gives the JMB/MC power to make house rules for common property use and building management. There is no specific Airbnb legislation in Malaysia as of 2026.

What happens if a condo owner ignores the JMB Airbnb ban?

The JMB can issue written notices and fines under house rules. Persistent breaches can be escalated to the Strata Management Tribunal or Sessions Court. The JMB cannot forcibly evict guests without legal authority but can pursue injunctions.

Can a condo owner challenge a JMB Airbnb ban?

Yes — by proposing a motion to revoke or amend the house rule at a General Meeting, or filing a complaint at the Strata Management Tribunal if the rule was passed improperly. An owner with sufficient support from other owners can push back through the GM process.

Does a JMB Airbnb ban affect the owner or the tenant?

Primarily the owner — they are responsible for ensuring tenants comply with house rules. If a tenant runs Airbnb in defiance of a JMB ban, the owner faces complaints and fines. Include a clause in your tenancy agreement prohibiting sub-letting or short-term rentals if your building has such restrictions.

For Landlords

Can Your Condo JMB Ban Airbnb in Malaysia? The Federal Court Ruling Explained

April 22, 2026 SPEEDHOME Editorial Team

Short answer: Choose where to rent by comparing commute, monthly budget, building quality, parking, and the real cost after utilities. A cheap unit is not always the best unit if transport is weak, repairs are frequent, or the building does not match your daily routine.

But is it actually enforceable? A single circular from the committee doesn’t make it law. The 2020 Federal Court ruling in Innab Salil v Verve Suites set clear rules about when a JMB can ban short-term rentals—and most condo bans don’t meet them.

The Federal Court Decided: Yes, JMB Can Ban Airbnb—But There’s a Catch

On 5 October 2020, Malaysia’s Federal Court ruled in Innab Salil Saleh & Ors v Verve Suites Mont’ Kiara Management Corporation [2020] 12 MLJ 16 that a JMB can prohibit short-term rentals like Airbnb. That’s the headline. What matters is how.

The court found that Airbnb guests are licensees, not tenants. They have no proprietary interest in the unit—they pay for temporary access only. A prohibition on short-term licences does not restrict “dealings” under the Strata Management Act 2013 (Act 757, section 70(5)(a)), which protects only transfers, leases, and charges.

Translation: a JMB’s collective interest in security, safety, and management of common facilities outweighs your right to rent your unit for two weeks at a time. The law is on the JMB’s side in principle.

The Two-Part Test: 75% Vote + Registration With COB

Here’s where most condo bans fail. A JMB cannot ban Airbnb by memo, circular, or committee decision alone. Both of these conditions must be met, in order:

Part 1: A special resolution at a general meeting. The ban must be passed as an additional by-law with at least 75% of unit owners voting in favour. A simple majority doesn’t cut it. The vote must be recorded and minuted.
Part 2: Lodge with the Commissioner of Buildings (COB). The JMB must submit the by-law to COB within 30 days of the resolution. If it’s not lodged, it’s not registered. If it’s not registered, it has no legal force.

A ban imposed by a management circular, committee directive, or unregistered house rule is simply not enforceable under Act 757.

How to Check If Your Building’s Ban Is Actually Legal

Step one: ask your management corporation. Request the by-law number and the date it was lodged with COB. A legitimate ban will have a registration number and filing date.

If they can’t produce a by-law number, or say “it’s just a house rule,” the ban is unenforceable. They can ask you not to run Airbnb, but they cannot fine you or force eviction under Act 757.

If they claim a by-law exists but won’t show the registration, visit COB’s office or contact the local authority to verify. Records are public.

If You Want to Run Airbnb: Know Your Rights

If your building’s ban is not properly registered, you’re in the clear under federal law. That said, a unregistered ban may still cost you: neighbours might complain to the JMB, the JMB might harass you, and enforcement is messy.

The smarter move is to challenge the ban at the next annual general meeting. If fewer than 75% of owners voted for it, or if it was never lodged with COB, you have grounds to push back. Propose a new vote—or propose that short-term rentals be permitted subject to reasonable conditions (noise curfews, guest parking limits, insurance requirements).

Many condo owners don’t attend AGMs. If you organize fellow owners who support short-term rentals, a 75% ban is harder to pass than the JMB assumes.

If You Want to Stop Airbnb Next Door: How to Get a Ban Passed

If you’re being kept awake by guest turnover, noise, and strangers in the lift, you have a legitimate grievance. Here’s how to fix it properly:

Document the issue. Keep a log of dates, times, and incidents. Noise complaints, broken lift access, parking problems—write it down. General annoyance is not evidence.
Report to the JMB. Submit a formal complaint in writing. Give the JMB a chance to act under existing nuisance rules before pushing for a by-law change.
Get neighbours on board. Talk to other owners and residents affected. A petition with 5+ signatures carries more weight than one complaint.
Propose a by-law change at the AGM. Bring a motion to pass an additional by-law banning short-term rentals. Expect to need 75% of owners voting in favour.
Ensure the JMB lodges it with COB. Once passed, remind the JMB to file within 30 days. Don’t assume they will.

The Fine Cap: RM200 Per Breach, Not Per Day

The same 2020 Federal Court ruling struck down one condo’s attempt to fine an Airbnb operator RM200 per day for each day of occupancy. The court ruled that strata by-law fines are capped at RM200 per breach, not per day. This applies to all by-law violations, not just Airbnb.

If your JMB fines you RM5,000 for running Airbnb for 25 days, that fine is illegally excessive. The statutory cap is RM200 per breach—meaning once the ban takes effect, you’re liable for RM200 total if you ignore it, not RM200 multiplied by days occupied.

This matters both ways: if you’re a landlord being threatened with huge fines, you’re being threatened unlawfully. If you’re an owner defending an Airbnb complaint, the penalty is much smaller than the JMB claims.

Consider Long-Term Rentals Instead

Short-term rentals attract JMB hostility because they create turnover, management burden, and neighbour disruption. Long-term rentals avoid all of this.

For landlords who want to rent without the regulatory complexity of Airbnb, SPEEDHOME’s zero-deposit structure covers both parties equally. Tenants get security without paying multiple deposits upfront; landlords get protection without the JMB enforcement headache. You sidestep the entire Airbnb debate by moving to a traditional rental that respects the building’s rules.

Key Takeaways

A JMB Airbnb ban must be passed by 75% special resolution at a general meeting AND lodged with COB within 30 days to be legal.
A committee circular or unregistered house rule banning Airbnb is not enforceable under the Strata Management Act 2013.
Ask your JMB for the by-law registration number. If they can’t produce one, the ban has no legal force.
If you want to run Airbnb in a building without a registered ban, you’re legally entitled to—though expect friction with management.
Fines are capped at RM200 per breach, not per day. Excessive daily fines are unlawful.
If you’re thinking of renting your unit, long-term rentals sidestep JMB disputes entirely and offer stable income.

What Your JMB Can and Cannot Do: A Complete Guide to Strata Management in Malaysia
Early Termination of Tenancy: Your Rights and Costs
Your Rights as a Tenant in Malaysia

For landlords and tenants navigating strata rules, understanding your financial options matters. Zero Deposit rentals reduce tenant default risk while lowering the barrier to move in.

Can a condo JMB ban Airbnb in Malaysia?

Yes. A JMB can ban short-term rentals through a properly enacted additional by-law. The ban must be passed by 75% special resolution at a general meeting and lodged with the Commissioner of Buildings (COB) within 30 days. The Federal Court ruled in Innab Salil v Verve Suites [2020] that a JMB’s collective interest in security and safety outweighs an individual owner’s right to short-term rent.

Is my building’s Airbnb ban enforceable if it’s just a committee circular?

No. A ban imposed by management circular, committee directive, or unregistered house rule has no legal force under the Strata Management Act 2013. Only a registered additional by-law—passed by 75% vote and lodged with COB—is enforceable. If you cannot find a by-law registration number, the ban is not legally binding.

How can I check if my JMB’s Airbnb ban is registered?

Ask your JMB or management corporation for the by-law registration number and COB filing date. Legitimate bans have a registration number on file with the Commissioner of Buildings. You can verify directly with COB or your local authority. If the JMB cannot produce these details, the ban is not registered and therefore not enforceable.

What is the fine for running Airbnb in a building with a valid ban?

The maximum fine is RM200 per breach, not per day. The Federal Court struck down daily fining in its 2020 ruling. If a JMB threatens fines of RM200 per day over multiple days, that is unlawfully excessive. Strata by-law fines are capped at RM200 total per violation.

What happened in the Innab Salil case?

Innab Salil Saleh & Ors v Verve Suites Mont’ Kiara Management Corporation [2020] 12 MLJ 16 (5 October 2020) is the leading Federal Court decision on JMB bans of short-term rentals. The court confirmed that JMBs can ban Airbnb through a properly enacted by-law, but only if passed by 75% special resolution and registered with COB. It also capped fines at RM200 per breach, striking down excessive daily penalties.

Disclaimer: This article summarises the Federal Court ruling in Innab Salil v Verve Suites [2020] for general information. The ruling is current law as of April 2026. For advice on your specific building’s by-laws or a dispute, consult a qualified solicitor familiar with strata management law.

Next step: maintenance fee guide.

FAQ

How do I choose the right area to rent?

Compare commute, rent, building quality, parking, safety, and nearby daily needs. The best area is the one that keeps your total monthly cost and travel time under control.

Should I choose the cheapest unit?

Not automatically. A cheaper unit can cost more if transport is weak, repairs are frequent, or the building has poor security.

What should I check before paying?

Check the landlord identity, unit condition, tenancy terms, payment instructions, repair duties, and parking before paying any booking or advance rent.

How do I avoid rental mistakes?

View the unit, keep payment proof, read the tenancy agreement, and confirm all promises in writing before signing.

Vacancy returns — what now?

Tenant moves out. The unit needs a refresh — sometimes minor, sometimes a full re-fit. Most landlords either overspend on aesthetics and watch rental income flatline, or underspend and watch the unit sit vacant. Read the SPEEDRENO rental-first fit-out guide for half the cost of traditional reno, durable, ready in 30 days.

Related guides: JMB and strata management guide Malaysia | eviction laws in Malaysia | tenancy agreement guide for Malaysia