RESIDENTS’ associations disagree with Putrajaya’s endorsement of residential management bodies to instruct tenants and residents to do Covid-19 tests.

Besides questioning the legality of such a move, they also said that it is impractical and amounts to invading the privacy of the residents and tenants.

They told The Malaysian Insight that the measure makes sense for short-term Airbnb rentals but not for permanent family homes.

“There are pros and cons but mostly it is not practical. I think the National Security Council should not confuse short-term Airbnb rentals with owner-occupied homes and long-term rentals. These are two different scenarios,” said the spokesman for the Brickfields Palm Court Residents’ Association (RA), who only wanted to identify himself as Naidu.

He also doubted the effectiveness of swab tests to prevent Covid-19 transmission in such properties.

“Firstly, the Covid-19 swab test is not a once-in-a-lifetime test. It is not even valid for six months.

“For air travel, the validity of a swab test is only three days. So, how can the swab test be used as a yardstick for long-term occupancy?”

He said that the RA will object to compulsory tests for owners and residents at Palm Court.

It is also highly impractical to make residents repeat the test on a weekly or fortnightly basis because it is not cheap, he said.

Management committees could also not impose such a ruling as they do not have legal authority.

“What can be done is they can request for a resident to do a swab test at the management’s cost and at their own home.

“Furthermore, now mild cases are allowed to be quarantined at home. In such cases, where can the patient go if evicted from their own homes?”

Naidu said the swab test may be suitable in situations that required only a single entry, like Airbnb units with short-term rentals.

On Thursday, senior minister Ismail Sabri Yaakob said the management of private residences like condominiums, apartments, and gated and guarded housing areas can instruct residents to do a Covid-19 test should they feel the need to do so.

While there is no such policy, it is acceptable for the management to make such a request to safeguard their neighbourhood, Ismail Sabri said.

He was responding to a question about several residential management bodies demanding that foreign workers living in their buildings take Covid-19 tests due to the spread of the virus among them.

Privacy invasion

Meanwhile, Abdul Hafiz Abu Bakar, chairman of Taman Tun Dr Ismail’s RA, said he does not see how the management committees or residents’ associations can compel residents to do a swab test.

He said they do not have the authority or enforcement rights to insist that a resident gets tested.

“On what grounds do we have to instruct a resident to conduct a swab test?”

Hafiz said the RA could be subjected to backlash from residents on the grounds of invasion of privacy.

Lawyer Sumitha Shaanthinni Kishna said property managements do not have any powers under any law to bar a resident or tenant from the property.

She said if they do bar a rightful tenant or owner, the management risks being sued.

“As many medical practitioners pointed out, it doesn’t make sense to require tenants and residents to have the test done. You can get infected any time. How many times would they require the test to be taken? What about the cost? Is the management footing the bill?” said the director of Our Journey, a human rights civil society group.

“The screening cost as it is now is prohibitive. It’s not cheap. If a B40 family is required to take the tests, are they able to afford the cost?”

Chris Tan, who is also a lawyer, said any management body of any strata development could only regulate the activities in the common property.

“Denying owners access to their respective unit is indeed unconstitutional unless the minister is invoking the power of emergency provisions and was specific in its direction with due process observed. More clarification is indeed required for now.”

He said the real issue is whether the management has jurisdiction to deny entry on such basis in the absence of a specific law and regulation.

“The exercise of such power must be specifically guided and not open to free interpretation.”

Concerns for migrants

Meanwhile, activist Sudhagaran Stanley said condominium managements have no business requiring tenants or owners to submit or show their confidential test results.

“Ismail Sabri should retract his statement as it will cause unnecessary issues between management and property owners.

“He should have thought of the consequences before making such a statement,” he said.

“The test could be negative today but tomorrow the owner might get infected because owners keep on moving in and out of their properties to work and conduct other affairs.

“Does this mean they need to conduct tests every week?”

The activist urged property owners barred from entering their homes to lodge a police report and sue the management.

He said the biggest victims in this are the migrant community as they will be forced to conduct the test and barred from entering their homes.

“Malaysians generally know their rights and will be able to tell off the management, but migrants would be fearful as there are no support systems for them.

“Ismail Sabri’s statements are going to cause havoc in many condominiums.” – January 30, 2021.