Group urges condo bodies to set fair ownership rules instead
PETALING JAYA: Condominium management bodies should not penalise all pet owners over the actions of a few, but must establish evidence of nuisance before taking action against individual animals.
Stray Animal Association of Malaysia (SAFM) president R. Kalaivanan said joint management bodies (JMBs) and management corporations (MCs) should introduce clear, reasonable and legally compliant guidelines on responsible pet ownership instead of relying on blanket bans.
This follows the Shah Alam High Court judgment on Oct 30 which ruled in favour of former national hurdler Noraseela Mohd Khalid, who challenged a condominium JMB over its restrictions on keeping pets.
The court partially allowed her application, ruling that the JMB could not use its house rules to prohibit or penalise her for keeping her three cats at home, as the mere presence of pets did not constitute a breach of the rules.
“What is important about this ruling is that management bodies cannot simply assume every pet is a nuisance,” said Kalaivanan.
“When a complaint is received, management should investigate what happened, identify the animal involved and give the owner an opportunity to explain or resolve the issue.
“Where there is a genuine safety risk or a breach of the law, appropriate action should be taken through proper legal procedures. However, removing an animal should not be the automatic first response to every disagreement,” he said in an interview.
Kalaivanan said pet owners must still comply with applicable laws, including state and local council regulations, and ensure their animals do not cause problems for others.
He acknowledged that some residents might have concerns about hygiene, allergies or personal safety, which should be taken seriously.
“However, one irresponsible pet owner should not become the reason to penalise everyone else who is doing the right thing.
“If a particular animal is causing a problem, address the problem with the owner concerned,” he said.
For Noraseela, the dispute began when she moved into her condominium in January 2023, having bought the unit in 2015 and previously rented it out to students.
In an interview, she said her neighbours encouraged her to attend an annual general meeting later in 2023 after alerting her that pet ownership would be discussed, amid concerns that some residents wanted stricter restrictions.
During the meeting, complaints were raised about pets causing disturbances and suggested that owners should give them up.
“I stood up and questioned them. I asked what they expected owners to do with their pets, because pets are part of the family. It is not as simple as just throwing them away,” she said.
She subsequently volunteered to join the JMB to ensure pet owners were not unfairly affected by the proposed restrictions.
However, she claimed that despite being the JMB secretary, changes to the house rules were later made without her knowledge, prompting her to seek legal advice.
Noraseela said the court decision was a relief for pet owners who had been living with unnecessary pressure and uncertainty.
“I have seen pet owners taking their pets out for cleaning, clinic or walks, almost as if they were smuggling something.
“We should not be educating people to think that animals do not deserve to be part of a family or that there is something wrong with caring for them,” she said.
