Shah Alam High Court strikes down condo JMB's blanket pet ban


KUALA LUMPUR: The Shah Alam High Court has ruled that a condominium joint management body (JMB) cannot impose a blanket prohibition on keeping pets in private residential units through its house rules.

Justice Anita Harun, in her decision on Friday (Oct 30), partially allowed former national athlete Noraseela Mohd Khalid's lawsuit against the JMB of Shang Villa Condominium.

The court held that the mere presence of a pet in a residential unit is not, by itself, a breach of the house rules and that the JMB could not use its House Rule 9.0 to bar or penalise Noraseela from keeping her three cats in her unit.

In a statement, Noraseela's lawyers Rajesh Nagarajan and Sachpreetraj Singh Sohanpal said the judge held 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 the JMB relied on.

"Her neighbour’s evidence supported her account that the cats were properly cared for, and veterinary certificates supported their apparent good health," the statement said.

In January, Noraseela, 47, filed the originating summons against the JMB.

She sought a court declaration that House Rule 9.0, enacted and enforced by the JMB to restrict residents from keeping pets in the condo, was ultra vires Section 70 and Section 150 of the Strata Management Act 2013.

She also sought a declaration that the respondent had no authority under the Act to impose a total or absolute prohibition on the keeping of pets, and was only empowered to regulate such keeping subject to reasonable conditions.

In her supporting affidavit, Noraseela, who owns three domestic cats, said her cats were kept in the house and had never caused trouble or danger to other residents.

She claimed the respondent had issued several warnings, penalties and fines against her for keeping the pets in her own house.

When Noraseela refused to pay the fines and penalties, the respondent blocked her access to her house from Jan 19.

 

 

 

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