It’s legal for Malaysians to have pets in condos!
Says.com
By Tang Ruxyn
14 November 2016

Before June 2015, Malaysian pet owners weren't allowed to keep their beloved pets inside condominiums and apartments. They would either have to sneak them in, live in a landed property, or hope for understanding neighbours.

Residents in Malaysia were subjected to agreements with the condo or apartment management where dogs and other pets were prohibited.

recent amendments to the Strata Management Act

However, it was recently brought to the public's attention that the recent amendments to the Strata Management Act brought significant changes to the laws in the country regarding the practice of keeping pets in stratified homes such as condominiums and apartments.

A report by The Edge in October revealed that pet owners were legally entitled to keep their pets in their respective condominiums.
"According to By-Law 14 in the Third Schedule of the Strata Management (Maintenance & Management) Regulations 2015, pets are allowed unless they cause annoyance or a nuisance and pose health risks to other residents in the property," lawyer and partner of Pretam Singh Nor & Co Datuk Pretam Singh was quoted as saying by The Edge.

Popular pet-loving community website Petfinder.my also confirmed that pets are allowed in Malaysian condos and apartments

In a note that was published on Petfinder.my's Facebook page on 9 November, lawyer Pretam explained that the "Deed of Mutual Covenants" (DMC), which spells out the dos and don'ts in a strata community, came to an end on 02 June 2015 as the recent amendments to the Strata Management Act was enforced on 01 June 2015.

DMC lays out the house rules of a condominium, which sometimes include restricting tenants from keeping pets.

With the enforcement of the amended laws, Pretam said that "the only surviving DMC is the Third Schedule of the Regulation thus making the Third Schedule the standard By-Law for all strata parcel owners in the country".

What this simply means is that tenants are no longer bound to the restrictive DMC, but the new laws provide a mechanism for the additional by-laws to be made, and the additional by-laws must not be contradicting to the statutory by-laws.

But what happens if the managing body of the condo makes additional by-laws prohibiting the keeping of pets?

Lawyer and partner of Pretam Singh Nor & Co Datuk Pretam Singh

The Management Corporation (MC), simply refers to the managing body of a condominium or any compound which has multiple owners and shared public facilities.

"It is apparent that the Management Corporation may in an Annual General Meeting adopt additional by-laws in relation to pets but cannot be inconsistent with Third Schedule By-Laws (Standard By Law)," Pretam said.

"The Third Schedule By-Laws (Standard By Law) allows the keeping of pets and therefore any prohibition of pets thereof would be an inconsistency."

All the legal talk aside, yes, pets are allowed in condominiums and apartments!

Is there a catch, though?
As highlighted earlier, pets are allowed unless they cause annoyance or a nuisance.

"nuisance" and "annoyance" are often used together, but they have different meanings

Nuisance
Pretam explains further in the note published by Petfinder.my: The words "nuisance" and "annoyance" are often used together, but they have different meanings. The classic definition of nuisance was given in a 19th century case as "an inconvenience materially interfering with the ordinary physical comfort of human existence".

So, for example, an activity which causes excessive noise or dust or smoke might constitute a nuisance.

Annoyance
"Annoyance" has no technical legal meaning but it is clear that it is wider than "nuisance".

Annoyance was defined as anything which "really does bring an objection to the mind of a reasonable being" or "reasonably troubles the mind and pleasure, not of a fanciful person, or of a skilled person who knows the truth, but of the ordinary sensible English inhabitant of a house". There need not be any "physical detriment to comfort".

Pet owners will still need to comply with the laws enforced by the local authorities where they live.

For example, Kuala Lumpur City Hall (DBKL) specifically states that only smaller dogs are allowed in stratified homes namely the Minature Pinscher, Bichon Frise, Pekingese, Papilon, Poodle (Toy), Japanese Chin, Maltese, Pomeranian and Chihuahua.

On the other hand, Subang Jaya Municipal Council (MPSJ) prohibits the keeping dogs on any high-rise building.

Therefore, residents in Malaysia can refer to their respective local council to get more information on the matter.

So, what's the conclusion?
• Pet owners are legally entitled to keep pets in condominiums and apartments unless the local council's [municipality] by-law expressly prohibits or restricts it.
•
 If the local council [municipality] does not have a by-law that imposes such restrictions, tenants need not seek consent from the condo management.
•
 If condo management refuses to comply, you may file case at Strata Management Tribunal.

top

Keeping dogs: Local council laws override condominium rules
Free Malysia Today
Robin Augustin
10 November 2016

HBA Honorary Secretary-General Chang Kim Loong

PETALING JAYA: The National House Buyers Association of Malaysia (HBA) has stressed that any rules approved by a building’s management must be subservient and consistent with the local authority law in that area.

Commenting on the issue of dogs in condominiums, HBA Honorary Secretary-General Chang Kim Loong said different local councils had different laws on keeping dogs in high-rise buildings.

Therefore, these laws of local authorities would decide whether a person was allowed to keep a dog or not.

“If a building’s management says that dogs are not allowed to be kept as pets in a certain condo, even though the local council allows it, then that building management’s rules don’t hold water.

“It is just like how some condos pass racially-discriminatory rules and regulations forbidding homeowners from renting out their units to Africans. This cannot be enforced.”

Chang also noted that local authority laws must also be adhered to in condos which allowed dogs to be kept.

He said if a local authority did not permit dogs to be kept in high-rise buildings, and a person kept a dog even though the building’s management allowed it, then the owner of the dog would be breaking the law and action could be taken against him.

Chang pointed out that homeowners or management bodies of strata-titled properties, who felt aggrieved by rules laid out by their joint management body (JMB) or management corporations (MC), could plead their case to the Housing and Strata Management Tribunal (TPPS).

The TPPS is based in the urban wellbeing, housing and local government ministry headquarters in Putrajaya.

A check by FMT on the websites of some local authorities revealed different rulings on the matter of keeping dogs.

Kuala Lumpur City Hall (DBKL) allows only nine specific small dog breeds to be kept in high-rise buildings on the condition that the building’s JMB and MC allowed it.

The Petaling Jaya City Council (MBPJ) and Ampang Jaya Municipal Council (MPAJ) do not allow dogs to be kept above the ground floor of a high-rise building.

A check with the Subang Jaya Municipal Council (MPSJ) revealed that the council did not allow dogs to be kept in high-rise buildings.

Earlier today, PetFinder.my quoted lawyer Pretam Singh as saying that there was no law to bar residents from keeping pets in strata-titled properties, including condos and apartments.

Pretam had said that pet owners were legally entitled to keep their pets in their respective condos, unless there was a local authority law specifically prohibiting it.

top  contents  chapter  previous  next