It has been a confusion along the years on whether pets are allowed in stratified homes such as condominiums and apartments. In the year of 2016, the amendments to the Strata Management Act have brought certainties to the practice of keeping pets within a strata development.
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With reference to By-Law 14 in the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015 (“the 2015 Regulations”), there is a provision for pets to be kept in a strata residence unless they are a threat, or cause annoyance, nuisance and even health hazards to other residents.
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What will happen if your pet is “against the law”? If your pet causes nuisance or annoyance to other residents, you can be asked to remove your pet from the property under by-law 14(2) of the 2015 Regulations. If you fail to do so, the management body has the power to take action to remove your pet from the building. That having been said, the standard by-law enables the management corporation to regulate but not to prohibit the keeping of pets in stratified parcels.
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It has come to the public’s attention that purchasers of strata properties commonly signed what is called a deed of mutual covenants (DMC), which spelled out the do’s and don’ts in a strata community. Questions therefore arise as to whether the provisions in the DMC are still valid after the statutory by-laws came into force? If yes, the former or the latter shall the Strata residence abide by?
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According to Section 148 of the 2015 Regulations, any written law, contracts and deeds relating to the maintenance and management of buildings and common property in as far as they are contrary to the provisions of the 2015 Regulations shall cease to have effect within the local authority area or that other area. As such, DMC is still valid following the enforcement of the by-law but only the provisions in it that are contrary to the provisions of 2015 Regulations can be rendered invalid.
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However, strata residences must also beware of the local council’s rules, regulations and requirements for the keeping of pets as local councils have a say about pets in stratified properties, and different councils have different rules and regulations on this. For example, Kuala Lumpur City Hall (DBKL) allows only nine specific small dog breeds to be kept in high-rise buildings, 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. Subang Jaya Municipal Council, on the other hand, prohibits the keeping dogs on any high-rise building. Hence, it is important to check with the local council first as ultimately, it is the local authorities would decide whether a person is allowed to keep a pet or not.
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In short, pets are generally allowed within a strata development and the management committee (MC) or joint management body (JMB) cannot legally ban owners and tenants from owning pets according to the 2015 Regulations. However, any rules in the DMC and/ or the 2015 Regulations must be subservient and consistent with the local authority law in that area..
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This article is intended to be informative and not intended to be nor should be relied upon as a substitute for legal or any other professional advice.
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About the Author
Lee Pin-E
Associate
Halim Hong & Quek
pelee@hhq.com.my
