Condo managements can regulate pets, but cannot impose blanket bans, lawyers say

The Strata Management Act 2013 permits condo and apartment management bodies to regulate pet ownership, but it does not grant them the power to unilaterally ban pets. In Kuala Lumpur, lawyer Akram Abdul Aziz explained that JMBs can regulate pets based on statutory by-laws, but they cannot disregard existing legal provisions. To enforce pet regulations, the management must demonstrate that an animal is causing a nuisance, posing a safety threat, or endangering residents' health.

Simply receiving complaints or making assumptions is not enough evidence. Before taking action, the management should investigate thoroughly and provide owners with a reasonable chance to respond. Paragraph 14(2) of the Strata Management (Maintenance and Management) Regulations 2015 states that if an owner violates the rules, they must be given three days to remove the animal after receiving written notice.

The recent Shah Alam High Court ruling in the case of former national hurdler Noraseela Mohd Khalid does not automatically invalidate pet prohibition rules in other strata properties. The court order applies only to the parties involved and should be assessed based on the facts and circumstances of each case, including the scheme's by-laws and applicable local authority regulations.

Owners who fail to control their pets may face legal action under Section 289 of the Penal Code for causing physical danger or property damage. High-rise resident Nurliyana Izzati S. recommends clear guidelines, such as limiting pet sizes, requiring leashes in common areas, and ensuring hygiene compliance. Dog owner M. Thiviyani emphasizes tolerance and personal responsibility to prevent disputes among neighbors, while stressing that cleanliness and attitude matter.