Immediately Revoke The Notice SSL/SMG/070 Rental Parking Space to Non Residence

Immediately Revoke The Notice SSL/SMG/070 Rental Parking Space to Non Residence

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Liew Kei Yan started this petition to Suasana Loft Owners

We would like to point out that based on the Strata Management Act 2013, the designated parking space is an accessory to the parcel which is owned by the property owners and it does not form part of the common properties. Therefore, the decision of whether or not to rent out the car park space, which is the proprietor’s private property, lies within the owner’s legal right and not with the management.

Suasana Loft is a residential building (though we also note that it is erected on commercial land) however, there is no law to prohibit the property owners from renting out their private residential properties, whether it’s the condominium units itself or the car park spaces belonging to them to earn some rent/income. This is not for “commercial use” as stated in the notice but rather just property owners renting out their private properties for income. If renting out the condominium for residential purposes for rental income is acceptable and not considered “commercial use”, how is it that renting out the car park spaces for parking purposes can be treated as commercial use? Renting out the condominium for residential use did not change the purpose of usage of the condominium to commercial purposes and similarly renting out car parks for parking purposes did not turn the usage of the car park space to commercial purposes. If the condominium is rented out to operate as an office, then that is for “commercial use” and it is prohibited. Similarly, if the car park space is rented out as a Nasi Lemak or noodle stall, then that is turning it into “commercial use”. But that is not the case here. The car park space will be used for the purpose it is built for.

We have lease agreements with the car park tenants and therefore, the car park tenants are all legal licensees and invitees of the owners. They are not trespassers as they have permission from the owners and were invited by the owners to access and use the private parking spaces they legally own. All vehicle details are shared with management and management is fully aware of the person parking on the property owner's space. We believe this will help address your security and safety concerns.

We are of the view that the management’s decision should be addressed to the property owners and the question of whether the management has the right to interfere with the property owners’ usage of their private properties should be resolved with the property owners and not without consultation via an AGM. If you choose to prohibit us, owners, from using our rented spaces, then the property owners would have breached their rental agreement with the car park tenants and therefore, it will be the property owners to whom management would have to answer to.

In line with the same, we are of the view that any clamping performed by the management within the legally owned parking spaces of the owners without their consent or knowledge is considered trespassing into the owners’ personal properties. We believe in such circumstances, we would have the right to hold the management liable for any damage done to the car park tenants' vehicles for having interfered with the owner's usage of their private parking spaces.

To reiterate, properties owners only receive additional rental income for their properties and generating higher ROI on their investment by renting out their car parks.

This petition aims to encourage the management of Suasana Loft to revoke the notice which was unilaterally implemented without the consultation of the building's property owners.

0 have signed. Let’s get to 200!
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