Strata management body have the authority to regulate pet ownership in strata properties, but they cannot arbitrarily impose a blanket ban on residents keeping animals in their private units, according to legal experts.
Lawyer Muhammad Akram Abdul Aziz said the powers of JMBs under the Strata Management Act 2013 (Act 757) are subject to existing laws and statutory by-laws. While management bodies can introduce rules to maintain order and harmony, these rules must not contradict legal provisions.
Lawyer Ivan Ong Hong Bing shared a similar view, explaining that enforcement action should only be taken when there is clear evidence that an animal causes a nuisance, threatens safety or affects the health of other residents. General complaints or assumptions alone are insufficient, and each case should be assessed based on supporting evidence.
Muhammad Akram added that management bodies should investigate complaints and allow pet owners to provide an explanation before taking action. Under Paragraph 14(2) of the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015, owners who breach the relevant rules must be given three days to remove the animal after receiving written notice.
The issue follows an October 30 ruling by the Shah Alam High Court, which found that JMBs could not impose an outright ban on pets in private residential units through internal rules. The decision arose from a case involving former national hurdler Noraseela Mohd Khalid and the Shang Villa Condominium JMB.
However, Ivan clarified that the ruling does not automatically invalidate pet restrictions at all strata properties. Its application to other developments would depend on the circumstances of each case, including the validity of existing by-laws and local authority regulations.
Legal experts also reminded pet owners that they remain responsible for controlling their animals and preventing disturbances or harm to others. Negligent owners may face legal consequences if their pets cause injuries or property damage.
Residents interviewed also highlighted the importance of responsible pet ownership, including maintaining cleanliness, using leashes in common areas and respecting neighbours to minimise disputes within shared residential communities.
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