JMBs must prove animals pose a nuisance or danger before taking action
KUALA LUMPUR: A condominium joint management body (JMB) cannot impose a blanket ban on keeping pets in private residential units through its house rules, the Shah Alam High Court has ruled.
Judicial Commissioner Anita Harun partially allowed former national athlete Noraseela Mohd Khalid’s lawsuit against the JMB of Shang Villa Condominium yesterday.
The court held that the mere presence of a pet in a residential unit did not constitute a breach of house rules and that the JMB could not rely on House Rule 9.0 to prohibit or penalise Noraseela for keeping her three cats in her unit.
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, 47, filed an originating summons against the JMB in January.
She sought a declaration that House Rule 9.0, introduced and enforced by the JMB to restrict residents from keeping pets in the condominium, was ultra vires Sections 70 and 150 of the Strata Management Act 2013.
She also sought a declaration that the JMB had no authority under the Act to impose a total or blanket ban on keeping pets, and was only empowered to regulate pet ownership subject to reasonable conditions.
In her supporting affidavit, Noraseela, who owns three domestic cats, said they were kept inside her unit and had never caused trouble or posed a danger to other residents.
She claimed that the JMB had issued her several warnings, penalties and fines for keeping the cats in her own home.
When she refused to pay the fines and penalties, the JMB allegedly blocked her access to her unit from Jan 19.
