THE Shah Alam High Court has ruled that a condominium Joint Management Body (JMB) cannot enforce a blanket ban on keeping pets in private residential units.
Judicial Commissioner Datuk Khamsiah @ Anita Harun partially allowed a lawsuit filed by former national athlete Noraseela Mohd Khalid against the Shang Villa Condominium JMB.
The court ruled that the mere presence of pets in a unit does not breach house rules.
Under By-law 14 of the Strata Management Regulations 2015, any action taken by a JMB against pet owners must be evidence-based, requiring proof that a specific animal causes a nuisance or danger; general complaints are insufficient.
In a statement, Noraseela’s lawyers Rajesh Nagarajan and Sachpreetraj Singh Sohanpal said the judge ruled that any enforcement action must be evidence-based and grounded in By-law 14 of the Strata Management (Maintenance and Management) Regulations 2015.
“There must be a factual basis connecting the particular animal to an alleged nuisance, danger or other prohibited circumstance. General complaints about animals are not enough.
“The court found that the evidence did not establish that Noraseela’s cats were responsible for the incidents cited by the JMB.
“Her neighbour’s evidence supported her account that the cats were properly cared for, while veterinary certificates supported their apparent good health,” the statement said.
Noraseela filed the lawsuit after the JMB issued her multiple fines and blocked access to her unit in January for keeping three cats indoors.
The court found no evidence that her cats caused any disruption, supported by neighbour testimony and veterinary health certificates.
This judgement confirms that while JMBs possess the authority under the Strata Management Act 2013 to regulate pet ownership under reasonable conditions, they lack the legal power to impose total prohibitions or unfairly penalise pet owners without proof of harm. — Oct 31, 2026
Main photo credit: Malay Mail
