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I have friends who stay in condos which do not allow them to keep pets. What action will be taken against them if they chose to keep their beloved furry friends?


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Moved out of the unit for those who attempted to ultra vires the management's policy

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First of all, it is quite a common misconception that pets are totally not allowed within a strata development. Common pets that are quite popular in Malaysia could range from dogs, cats, birds to even small ornamental fishes in a small aquarium.

With reference to the Third Schedule of By-Law 14 in the Strata Management (Maintenance and Management) Regulations 2015, it states:

14. Keeping of animals 
(1) In a building used for residential or dwelling purposes, a proprietor shall not keep any particular animal in his parcel or on the common property thereof that may cause annoyance or nuisance to the other proprietors or which may be dangerous to the safety or health of the other proprietors or which contravenes any written law or rules and regulations of the relevant State or the local authority.
(2) A proprietor, who is in breach of sub-paragraph 14(1) of these by-laws, shall within three days upon the receipt of a written notice from the management corporation remove the particular animal from the building. If he fails to do so, the management corporation may take whatever action deemed necessary to remove the particular animal from the building and -
(a) all cost incurred shall be charged to and imposed on the proprietor, and
(b) the management corporation shall not be liable for any damage reasonably caused to the property of the proprietor in the process of removing such animal.

Hence, there are some local councils that allows small pets and certain breeds of dogs within certain conditions in certain types of strata property. But in general, these pets should not cause any annoyance, or nuisance or be a danger to safety or health of others or contravene any other laws/rules in the State and local authority.

Currently, if you are impacted by such issues, it would be helpful to consult with your local council where the strata property or development is located, as it may vary from council to council. For instance, what types of pets in what type of strata property would depend whether your development is located within the jurisdiction of Dewan Bandaraya Kuala Lumpur (DBKL) or say Majlis Bandaraya Petaling Jaya.

From the perspective of a pet owner aggrieved, you may need to check with your JMB/MC By-Laws (House Rules) as well as with your local council on your rights to own and keep a pet within your strata property. Although there are provisions for amendments to the JMB/MC By-Laws, there are some that is of the legal opinion that this should not be inconsistent with Local Council By-Laws. In the event if you still feel that your rights have been infringed, you may also attempt to plead your case before the Housing and Strata Management Tribunal (TPPS).

In this scenario, from the perspective that if indeed it has been established that the pets is prohibited by the local authority and/or the pet indeed causes a nuisance or danger to others, the JMB/MC shall be entitled to apply to the Strata Management Tribunal or a court of competent jurisdiction— (a) for an order to enforce the performance of, or restrain the breach of, any by-laws by; or (b) to recover damages for any loss or injury to any persons or properties arising out of the breach of any by-laws from any persons bound to comply with it.