High Court rules condo JMB cannot penalise owner for keeping pets without evidence of nuisance
The High Court has partially allowed former national hurdler Noraseela Mohd Khalid's application against the joint management body of Shang Villa Condominium, ruling that House Rule 9.0 cannot be used to prohibit or penalise her merely for keeping three cats in her home. Enforcement must be grounded
PETALING JAYA (Oct 30): A condominium joint management body (JMB) cannot penalise an owner merely for keeping pets inside her unit, with enforcement requiring evidence linking the particular animal to an alleged nuisance, danger or other prohibited circumstance, the High Court has ruled. Justice Anita Harun partially allowed former national hurdler Noraseela Mohd Khalid's application against the JMB of Shang Villa Condominium on Friday (Oct 30), ruling that House Rule 9.0 could not be used to prohibit or penalise her merely for keeping three cats in her home, The Star reported.
In a statement, her lawyers, Rajesh Nagarajan and Sachpreetraj Singh Sohanpal, said enforcement must be grounded in By-law 14 of the Strata Management (Maintenance and Management) Regulations 2015. The court found no sufficient connection between Noraseela's cats and the incidents cited by the JMB, which included allegations that the cats were inadequately cared for and had dirtied the common area. A neighbour's evidence supported her account that the cats were properly cared for, while veterinary certificates supported their apparent good health.
The decision also addressed provisions in House Rule 9.0 allowing animals to be removed from common property without reference to their owners, and excluding liability for resulting loss. According to the lawyers, those provisions were declared invalid and unenforceable insofar as they displaced the requirements, notice procedures and safeguards under By-law 14 for an owner's animal, Twentytwo13 reported.
The dispute had extended to warnings, fines and an alleged restriction on access. Noraseela alleged in her supporting affidavit that the JMB had issued warnings, penalties and fines against her for keeping the cats, and that her access to her home was blocked from Jan 19 after she refused to pay. The report did not identify separate court findings on those allegations. Noraseela filed the proceedings in January, seeking declarations that the JMB lacked authority to impose an absolute prohibition on pets and could regulate their keeping only through reasonable conditions.
Following the ruling, she told Twentytwo13 that she hoped the judgment would help other residents facing similar restrictions. “As an animal lover, this is a wonderful day as it helps protect our rights and those of our pets,” she said.
By-law 14 provides for action against a particular animal that may cause annoyance or nuisance, endanger other proprietors' safety or health, or contravene applicable written laws or state or local authority rules. In an explanatory article updated in June 2024, MahWengKwai & Associates reproduced the provision requiring an owner in breach to remove the animal within three days of receiving written notice. Failure to comply permits management to take removal action and charge the owner the costs incurred. The court also recognised that management need not wait for actual harm where there is a factual basis for preventive action, but could not proceed on assumptions or generalised complaints, Twentytwo13 reported.
The wider statutory framework allows JMBs and management corporations to regulate pets through additional by-laws adopted by special resolution, provided those rules are consistent with the prescribed by-laws. Section 32(3) of the Strata Management Act 2013 governs that power for JMBs, while Section 70(2) provides corresponding powers for management corporations. Pet owners must also comply with applicable local authority requirements, which differ between councils, MahWengKwai & Associates noted.
Noraseela has separately challenged a Petaling Jaya City Council by-law prohibiting the keeping of dogs above the ground floor of any building, naming the council and Selangor government as respondents, Malaysiakini reported in January. That challenge concerns a different provision from Shang Villa's house rule.
