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

Condominium management bodies (JMBs) in Malaysia have the authority to regulate pet ownership within their complexes, but they cannot impose blanket bans on pet ownership, according to legal experts. Attorney Akram Abdul Aziz emphasized that the JMBs' jurisdiction under the Strata Management Act 2013 is subject to statutory by-laws and cannot contradict existing provisions.

Ivan Ong Hong Bin further stated that enforcement action could only be taken if there is clear evidence that the animals cause a nuisance, pose a safety threat, or affect the health of other residents. Evidence such as witness statements or incident recordings is required for such assessments, he added.

Owners facing rule violations must receive written notice and have three days to remove the pet, as per the Strata Management (Maintenance and Management) Regulations 2015. However, the recent Shah Alam High Court ruling involving former hurdler Noraseela Mohd Khalid does not automatically nullify pet prohibition rules in other strata properties.

The court's legal principles can guide future disputes, but each case must be assessed based on its specific facts and circumstances, including the validity of the by-laws and applicable local authority regulations.

Residents are reminded that pet ownership in strata residences does not exempt them from legal responsibilities. Negligent pet owners who cause physical danger or property destruction may face legal action under Section 289 of the Penal Code. High-rise resident Nurliyana Izzati Shamsul Anuar suggested that management should establish clear guidelines, such as limiting pet sizes, requiring leashes in common areas, and ensuring hygiene compliance.

Dog owner M. Thiviyani emphasized the importance of tolerance and personal responsibility in avoiding disputes among neighbours.