KUALA LUMPUR, Nov 9 — Joint Management Bodies (JMBs) have the authority to regulate pet ownership in condominiums and apartments, but this power should not be interpreted as an absolute right to arbitrarily impose a ban on owners keeping animals in their private residential units.

Lawyer and partner at Messrs Akram Hizri Azad & Azmir, Muhammad Akram Abdul Aziz, said the jurisdiction of JMBs under the Strata Management Act 2013 (Act 757) was subject to statutory by-laws and could not contradict existing statutory provisions.

“JMBs indeed have the authority to regulate, but such regulation cannot be used as a licence to impose a blanket ban on all animal ownership,” he told Bernama.

Concurring with this view, lawyer Ivan Ong Hong Bin of Messrs Ivan Gan & Liaw said enforcement action could only be taken if there was clear evidence that the animals concerned caused a nuisance, posed a safety threat or affected the health of other residents.

“General complaints or mere assumptions are insufficient. An assessment must be made based on the facts of each case, supported by clear evidence such as witness statements or recordings of incidents linking the disturbance to the animal concerned,” he said.

On enforcement procedures, Muhammad Akram said the management should conduct a thorough investigation and give owners a reasonable opportunity to explain before taking any action.

He referred to Paragraph 14(2) of the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015, which stipulates that owners who breach the rules must be given three days to remove the animal concerned after receiving written notice.

Meanwhile, Ivan explained that the recent Shah Alam High Court ruling involving former national hurdler Noraseela Mohd Khalid did not mean that all pet prohibition rules in other strata properties were automatically nullified.

“The court order is binding on the parties involved in the case, while its legal principles may serve as guidance for other disputes. However, its applicability must be assessed based on the facts and circumstances of each case, including the content and validity of the scheme’s by-laws and applicable local authority (PBT) regulations,” he said.

Muhammad Akram reminded residents that the right to keep pets in strata residences did not exempt owners from legal responsibilities, particularly liability for damages in the event of injuries or property destruction caused by their negligence.

He said owners who failed to control their pets, resulting in physical danger to others, could also face legal action under Section 289 of the Penal Code.

Meanwhile, high-rise resident Nurliyana Izzati Shamsul Anuar, 28, said management should establish clear guidelines, such as limiting the size of animals, requiring leashes in common areas and ensuring compliance with hygiene requirements.

“Although I do not keep pets, I believe community harmony can be achieved if there are strict rules for owners who are negligent in controlling their animals,” she said.

Dog owner M. Thiviyani, 36, said tolerance and personal responsibility were key to avoiding disputes among neighbours, including always keeping her pet in a special carrier or avoiding sharing lifts with other residents to respect the sensitivities of Muslim neighbours.

“In my residential area, many neighbours keep pets, but there are no issues because everyone maintains cleanliness. It all comes down to the attitude of the owners themselves,” she said.

On Oct 30, the Shah Alam High Court ruled that JMBs had no authority to impose an outright ban on keeping pets in private units through the formulation of internal rules.

The decision was made after the court granted part of Noraseela’s application against the Shang Villa Condominium JMB through her lawyers Rajesh Nagarajan and Sachpreetraj Singh Sohanpal. — Bernama