JMB CANNOT have unconditional ban on keeping pets in residential units.
I do think the following is considered a big news for all pet owners and also JMBs too. I do know that many JMBs have house rules where pets are not allowed in the high-rise units. The reason is because the pets could be just too loud and disturbing other owners. Plus the fact that if the owner did not clean up after their pets have done some business, then it’s a nuisance, not just an inconvenience.
Well, the below case explained both sides very clearly. It explains clearly what would be the power of the JMB in having house rules. Basically, it does NOT have unlimited powers and any decision must be supported by evidence. It also explicitly explained how this ‘pet ban’ can be enforced. Do read the below to understand better.
Article in freemalaysiatoday.com. Olympian Noraseela Khalid has won the right to keep her cats in her condominium after successfully challenging a blanket pet ban imposed by its joint management body (JMB).
Noraseela’s lawyer, Rajesh Nagarajan, said the Shah Alam High Court ruled today that the JMB of Shang Villa Condominium could not rely on its house rules to impose an unconditional ban on keeping pets in residential units.
The court ruled that the JMB could not use House Rule 9.0 to bar Noraseela from keeping her three cats in her residential unit, rendering the rule unenforceable.
It acknowledged that By-law 14 of the Strata Management (Maintenance and Management) Regulations 2015 allows enforcement action over the keeping of pets and animals in strata developments, but said such action must be supported by evidence. Do read the article in full here: Article in freemalaysiatoday.com.
Nuisance must be stopped but flexibility needs to be granted too
I do not like if my neighbor has pets which cause nuisance. In fact I would hate it very much and would like my JMB to do something concrete about it. This is also the reason I prefer a property with strata-title because I prefer EVERYONE to follow the rules versus simply doing whatever they like including planting a tree which will attract red ants… or painting their house in a color I simply cannot endure (beh tahan!!)… or even parking their old car which they no longer need and the car has started to rust and no one could do anything about it.
However, I have many super considerate friends with pets and I can see they are super responsible. If this the case, there is really no need to do anything. We need to be flexible because everyone has a different need. Some may prefer to have pets to keep them company. Generally, pets can be trusted yeah. A dog is man’s best friend while a cat is an amazing companion. Yes, somehow a cat is like a quiet room-mate! So, let’s start by allowing but if things start going wrong, then JMB rules can kick in.
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