Buying a strata home? The rules that can govern your pets, parking and even your access card

Owning a strata property in Malaysia brings not only homeownership but also adherence to certain rules – commonly known as by-laws – that govern various aspects of living in the development. These rules are established under the Strata Management Act 2013 (SMA) and are designed to regulate how residents use their units, facilities, and common spaces.

The legal backbone for strata by-laws is the Strata Management Act 2013, which comes into play in Peninsular Malaysia, Labuan, and Sarawak. In Sarawak, the Strata Management Ordinance 2019 governs similar principles. Sabah has recently passed the Building Management Enactment 2026, though it's yet to take effect. The SMA provides the framework for managing and maintaining strata buildings, as well as outlining the rights and responsibilities of homeowners and management bodies.

The standard by-laws cover various issues that residents might encounter, such as nuisance, pets, parking spaces, common facilities, security, and unpaid charges. Under the nuisance-related by-laws, residents must keep noise from electrical or electronic equipment, appliances, and musical instruments low after 11 pm to avoid disturbing neighbors.

Pet owners must ensure their animals do not cause a nuisance, pose a health risk, or violate state or local laws. Regarding vehicles, improperly parked or unauthorized cars may be towed or wheel-clamped at the owner's expense. Management may also require visitors to identify themselves and, if they refuse, ask them to leave the development area.

Residents can also introduce additional by-laws or amend existing ones by special resolution, provided they are not inconsistent with the statutory by-laws. These additional by-laws can cover matters like safety and security measures, restrictions on common property, pet ownership, parking, floor coverings, refuse control, behavior, architectural and landscaping guidelines, and fines for violations. For instance, additional by-laws might specify pet size limits or stricter security requirements for visitors.

If there's a dispute regarding a by-law, homeowners can seek redress through the Strata Management Tribunal, which has jurisdiction over certain disputes involving by-laws and resolutions. Homeowners can also seek orders from the Tribunal or a court to enforce by-laws, restrain breaches, or recover damages arising from a violation.