
Pretam said that pet owners were legally entitled to keep their pets in their respective condominiums, unless there was a local council law specifically prohibiting it, according to a report on PetFinder.my.
“It is clear that this by-law does not prohibit the keeping of any animal (pets) in a stratified parcel but only those that may cause annoyance or nuisance,” Pretam said, citing By-Law 14 in the Third Schedule of the Strata Management (maintenance & management) Regulations 2015.
He explained that the term “nuisance” and “annoyance” were often used together but stressed that both words have different meanings.
Pretam said 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,” he added.
Pretam explained that “annoyance” was defined as anything which “really does bring an objection to the mind of a reasonable being”.
Pretam also said that there was no need to obtain the consent of the condominium’s management if one intended to keep a pet in their unit.
“It is apparent that a condo’s management corporation may, in an AGM, adopt additional by-laws in relation to pets but such an enactment cannot be inconsistent with the Third Schedule By-Laws (Standard By-Law).
“The Third Schedule By-Laws (Standard By-Law) allows for the keeping of pets and therefore, any prohibition of pets thereof would be an inconsistency.”