Noraseela, who lives in the Shang Villa Condominium, is seeking a court declaration that the rule, known as House Rule 9.0, goes beyond the powers of the JMB under Sections 70 and 150 of the Strata Management Act 2013 (SMA).
She wants the court to declare that while a JMB may regulate the keeping of pets, it cannot impose a total or absolute prohibition.
She also wants the court to declare that the house rule conflicts with existing laws that allow pets under reasonable rules, and is therefore null, void, invalid and unenforceable.
Noraseela is further seeking a ruling that any house rules or by-laws inconsistent with Section 70 of the SMA are unenforceable.
She is not seeking costs, describing the case as a matter of public interest.
Her originating summons was filed on Jan 26 by Messrs Raj & Sach at the Shah Alam High Court and came up for case management on Tuesday.
Lawyer Rajesh Nagarajan said the court has directed his firm to formally serve the cause papers on the JMB to enable it to respond.
“Another case management hearing has been scheduled on March 4,” he told FMT.
In her affidavit in support, Noraseela said she keeps her three vaccinated cats indoors, adding that they have never caused any nuisance, danger or disturbance to other residents.
“To the best of my knowledge, no complaints have been made against me in relation to my cats,” her affidavit reads.
Despite this, Noraseela said she was issued by the JMB with repeated warnings and fines which she refused to pay, and on Jan 19, her vehicle was barred from entering the condominium premises.
“The respondent’s actions have caused me hardship and interference with my lawful enjoyment of my parcel,” she said.
She said the blanket ban exceeds the powers of the JMB under the SMA 2013, particularly Sections 70 and 150, which do not allow outright prohibition of pets.
Noraseela also cited By-Law 14 in the third schedule of the Strata Management (Maintenance & Management) Regulations 2015, which permits keeping animals subject to reasonable conditions to prevent nuisance.
The affidavit further contends that the rule violates her constitutional rights, including Article 8 on equality before the law and proportionality, and Article 13 on protection of property, as the ban applies indiscriminately without evidence of nuisance or harm.
Noraseela had also filed a lawsuit against the Selangor government and the Petaling Jaya City Council (MBPJ), challenging a blanket ban on dogs in apartment units.
In that case, she argues that MBPJ’s Licensing of Dogs and Kennel Establishments By-Law 2007 conflicts with federal legislation, including the Local Government Act 1976 and the Strata Management Act.
Section 8(2) of MBPJ’s by‑law prohibits residents from keeping dogs in apartment units under MBPJ’s jurisdiction.