One of the concerns for residents of condominiums, apartments and flats is whether they are allowed to keep pets and animals in their strata property. To shed some light on this issue, we look at the relevant strata management laws and regulations.
By-Law 14 of the By-laws in the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015 which regulates the keeping of pets and animals in strata scheme developments is reproduced below:
“14. Keeping of animals
- In a building used for residential or dwelling purposes, a proprietor shall not keep any particular animal in his parcel or on the common property thereof that may cause annoyance or nuisance to the other proprietors or which may be dangerous to the safety or health of the other proprietors or which contravenes any written law or rules and regulations of the relevant State or the local authority.
- A proprietor who is in breach of sub-paragraph 14(1) of these by-laws shall within three days upon the receipt of a written notice from the management corporation remove the particular animal from the building. If he fails to do so, the management corporation may take whatever action deemed necessary to remove the particular animal from the building and-
(a) All cost incurred shall be charged to and imposed on the proprietor, and
(b). The management corporation shall not be liable for any damages reasonably caused to the property of the proprietor in the process of removing such animal.”
By-Law 14(1) can be summarized as follows:
Residential strata scheme owners are allowed to keep pets or animals in their strata parcel as long as they:
- Do not cause annoyance or nuisance to other proprietors;
- Do not cause danger to the safety or health of other property owners; or
- Do not contravene any written law or rules and regulations of the relevant State or local authority.
Under By-Law 14(2), the developer, joint management body (JMB) or management corporation (MC) (“Management Bodies”), as the case may be, may give written notice to the proprietor of the parcel who has breached By-Law 14(1) and request for the proprietor to remove the particular pet or animal from the building within three days.
If the proprietor fails to do so, the Management Bodies may take whatever necessary action to remove the particular pet or animal from the building. The costs incurred by the Management Bodies to undertake the removal shall be charged to and imposed on the proprietor. Further, the Management Bodies will not be held liable for any damages reasonably caused to the property during this removal process.
It is advisable that proprietors comply with the Management Bodies’ notice of removal in order to avoid any harm or damage to the pet and property respectively.
Section 32 and Section 70 of the Strata Management Act 2013 allow the Management Bodies to make and amend additional by-laws to regulate the keeping of pets. JMBs and MCs will require a special resolution passed at a general meeting while developers will require the Commissioner of Buildings’ approval.
The Management Bodies may also make a by-law to impose a fine of not more than RM200 against any parcel owner, occupant or invitee who is in breach of any of the by-laws, including the by-law relating to the keeping of pets and animals.
Proprietors and interested persons may apply in writing to the Management Bodies to inspect or obtain a copy of the additional by-laws, and the Management Bodies shall allow or provide the said inspection and copy respectively.
Local Council Requirements
Pet owning proprietors in residential strata scheme developments must also comply with the relevant local council rules, regulations and requirements for the keeping of pets, especially canines. For example, Kuala Lumpur City Hall only allows the keeping of smaller dog breeds in strata scheme developments with, amongst others, the following conditions:
- The dog must be licensed;
- The dog license application must enclose a consent letter from the JMB or MC; and
- The dog must be strictly confined to the proprietor’s unit and not allowed to roam freely.
The requirements of each and every local council may differ.
By John Chan & Kar Men Fung
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.