No Blanket Pet Ban in Condos, Rules High Court

The Shah Alam High Court has ruled that a condominium Joint Management Body (JMB) cannot enforce a blanket banon keeping pets in private residential units. Judicial Commissioner Anita Harun partially allowed a lawsuit filed by former national athlete Noraseela Mohd Khalid against the Shang Villa Condominium JMB, holding that the mere presence of pets in a private home does not constitute a breach of house rules.

Under By-law 14 of the Strata Management (Maintenance and Management) Regulations 2015, any action taken by a JMB against pet owners must be strictly evidence-based, requiring clear proof that a specific animal causes a nuisance or danger rather than relying on general complaints.

Pet Ban

In a statement, Noraseela’s lawyers, Rajesh Nagarajan and Sachpreetraj Singh Sohanpal, emphasized the court’s finding that there must be a direct factual link connecting the animal to an alleged nuisance or prohibited circumstance. The evidence failed to show that Noraseela’s three indoor cats caused any disruption, with neighbor testimony and veterinary certificates confirming they were well cared for and in good health.

Noraseela, 47, filed the lawsuit after the JMB issued multiple fines and blocked access to her unit in January. This judgment affirms that while JMBs hold authority under the Strata Management Act 2013 to regulate pet ownership using reasonable conditions, they lack the legal power to impose total bans or penalize owners without proving actual harm.

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