{"id":49042,"date":"2026-04-22T09:36:14","date_gmt":"2026-04-22T01:36:14","guid":{"rendered":"https:\/\/speedhome.com\/blog\/?p=49042"},"modified":"2026-05-02T18:27:07","modified_gmt":"2026-05-02T10:27:07","slug":"jmb-ban-airbnb-malaysia-legal","status":"publish","type":"post","link":"https:\/\/speedhome.com\/blog\/jmb-ban-airbnb-malaysia-legal\/","title":{"rendered":"Can Your Condo JMB Ban Airbnb in Malaysia? The Federal Court Ruling Explained"},"content":{"rendered":"\n

Short answer:<\/strong> 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.<\/p>\n\n

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<\/em> set clear rules about when a JMB can ban short-term rentals\u2014and most condo bans don’t meet them.<\/p>\n\n

The Federal Court Decided: Yes, JMB Can Ban Airbnb\u2014But There’s a Catch<\/h2>\n\n

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

The court found that Airbnb guests are licensees, not tenants. They have no proprietary interest in the unit\u2014they 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.<\/p>\n\n

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.<\/p>\n\n

The Two-Part Test: 75% Vote + Registration With COB<\/h2>\n\n

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:<\/p>\n\n

  • Part 1: A special resolution at a general meeting.<\/strong> 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.<\/li>
  • Part 2: Lodge with the Commissioner of Buildings (COB).<\/strong> 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.<\/li><\/ul>\n\n

    A ban imposed by a management circular, committee directive, or unregistered house rule is simply not enforceable under Act 757.<\/p>\n\n

    How to Check If Your Building’s Ban Is Actually Legal<\/h2>\n\n

    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.<\/p>\n\n

    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.<\/p>\n\n

    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.<\/p>\n\n

    If You Want to Run Airbnb: Know Your Rights<\/h2>\n\n

    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.<\/p>\n\n

    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\u2014or propose that short-term rentals be permitted subject to reasonable conditions (noise curfews, guest parking limits, insurance requirements).<\/p>\n\n

    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.<\/p>\n\n

    If You Want to Stop Airbnb Next Door: How to Get a Ban Passed<\/h2>\n\n

    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:<\/p>\n\n

    • Document the issue.<\/strong> Keep a log of dates, times, and incidents. Noise complaints, broken lift access, parking problems\u2014write it down. General annoyance is not evidence.<\/li>
    • Report to the JMB.<\/strong> Submit a formal complaint in writing. Give the JMB a chance to act under existing nuisance rules before pushing for a by-law change.<\/li>
    • Get neighbours on board.<\/strong> Talk to other owners and residents affected. A petition with 5+ signatures carries more weight than one complaint.<\/li>
    • Propose a by-law change at the AGM.<\/strong> Bring a motion to pass an additional by-law banning short-term rentals. Expect to need 75% of owners voting in favour.<\/li>
    • Ensure the JMB lodges it with COB.<\/strong> Once passed, remind the JMB to file within 30 days. Don’t assume they will.<\/li><\/ul>\n\n

      The Fine Cap: RM200 Per Breach, Not Per Day<\/h2>\n\n

      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.<\/p>\n\n

      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\u2014meaning once the ban takes effect, you’re liable for RM200 total if you ignore it, not RM200 multiplied by days occupied.<\/p>\n\n

      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.<\/p>\n\n

      Consider Long-Term Rentals Instead<\/h2>\n\n

      Short-term rentals attract JMB hostility because they create turnover, management burden, and neighbour disruption. Long-term rentals avoid all of this.<\/p>\n\n

      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.<\/p>\n\n

      Key Takeaways<\/h2>\n\n
      • 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.<\/li>
      • A committee circular or unregistered house rule banning Airbnb is not enforceable under the Strata Management Act 2013.<\/li>
      • Ask your JMB for the by-law registration number. If they can’t produce one, the ban has no legal force.<\/li>
      • If you want to run Airbnb in a building without a registered ban, you’re legally entitled to\u2014though expect friction with management.<\/li>
      • Fines are capped at RM200 per breach, not per day. Excessive daily fines are unlawful.<\/li>
      • If you’re thinking of renting your unit, long-term rentals sidestep JMB disputes entirely and offer stable income.<\/li><\/ul>\n\n

        Related Articles<\/h3>\n\n
        • What Your JMB Can and Cannot Do: A Complete Guide to Strata Management in Malaysia<\/li>
        • Early Termination of Tenancy: Your Rights and Costs<\/li>
        • Your Rights as a Tenant in Malaysia<\/li><\/ul>\n\n

          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.<\/p>\n\n

          \n
          \n

          Can a condo JMB ban Airbnb in Malaysia?<\/h4>\n
          \n

          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<\/em> [2020] that a JMB’s collective interest in security and safety outweighs an individual owner’s right to short-term rent.<\/p>\n <\/div>\n <\/div>\n\n

          \n

          Is my building’s Airbnb ban enforceable if it’s just a committee circular?<\/h4>\n
          \n

          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\u2014passed by 75% vote and lodged with COB\u2014is enforceable. If you cannot find a by-law registration number, the ban is not legally binding.<\/p>\n <\/div>\n <\/div>\n\n

          \n

          How can I check if my JMB’s Airbnb ban is registered?<\/h4>\n
          \n

          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.<\/p>\n <\/div>\n <\/div>\n\n

          \n

          What is the fine for running Airbnb in a building with a valid ban?<\/h4>\n
          \n

          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.<\/p>\n <\/div>\n <\/div>\n\n

          \n

          What happened in the Innab Salil case?<\/h4>\n
          \n

          Innab Salil Saleh & Ors v Verve Suites Mont’ Kiara Management Corporation<\/em> [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.<\/p>\n <\/div>\n <\/div>\n<\/div>\n\n

          Disclaimer: This article summarises the Federal Court ruling in Innab Salil v Verve Suites<\/em> [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.<\/em><\/p>\n

          Next step: maintenance fee guide.<\/p>\n\n

          FAQ<\/h2>\n\n

          How do I choose the right area to rent?<\/h3>\n

          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.<\/p>\n\n

          Should I choose the cheapest unit?<\/h3>\n

          Not automatically. A cheaper unit can cost more if transport is weak, repairs are frequent, or the building has poor security.<\/p>\n\n

          What should I check before paying?<\/h3>\n

          Check the landlord identity, unit condition, tenancy terms, payment instructions, repair duties, and parking before paying any booking or advance rent.<\/p>\n\n

          How do I avoid rental mistakes?<\/h3>\n

          View the unit, keep payment proof, read the tenancy agreement, and confirm all promises in writing before signing.<\/p>\n\n