Strata management rules have become increasingly important in today’s urban landscape for Malaysia, primarily due to the proliferation of high-rise skyscrapers and multi-unit residential complexes. These rules are essential for ensuring efficient and harmonious coexistence within these vertical communities. Summarily, as the number of high-rise skyscrapers continues to grow in urban areas, strata management rules and regulations have become indispensable article to manage and maintain the overall quality of life in these vertical neighbourhoods. They form the core and essential tools for the management of the complex dynamics of modern high-rise living.

Currently, the parent Act enacted by Malaysia Parliament to regulate, manage and maintain the quality, efficient and harmonious within these vertical communities is Strata Management Act 2013 (“SMA 2013”).

However, the main objective of our article today is to explore some unique and uncommon by-laws enacted under strata management rules, especially Strata Management (Maintenance and Management) Regulations 2015 (“SMR 2015”), that are worth taking note of due to their distinctive or uncommon nature. These general by-laws often address specific needs within the strata community.

• Drying of Laundry

“In a building used for residential or dwelling purposes, a proprietor shall not, except with the prior written approval of the management corporation, hang any washing, towel, bedding, clothing or other article on any part of his parcel in such a way as to protrude outside his parcel, other than at the areas designated for such purpose and leave them there only for a reasonable period.”

It is not uncommon scenario where you can observe that substantial units in a residential strata building would hang their clothes, towel or other things at the edge of their balcony. In fact, they may violate the By-Law under SMR 2015 where it prohibits the unit owners to hang anything outside their house unless it is the area designed for such purpose or with the prior approval of the building management.

• Renovation (especially wet areas)

“If the proprietor intends to change the floor finishes to any wet area in his parcel, he shall replace the existing damp proof membrane with a new damp proof membrane, continuing upwards at any wall junction for at least 150mm high. If the proprietor intends to change wall tiles in a wet area, the proprietor shall similarly replace the affected part of the damp proof membrane at the junction of the wall and the floor.”

In other words, in the event that you are planning to renovate the wet areas of your unit in terms of floor or wall, you are bound to replace the existing damp proof membrane with a new damp proof membrane for a specified area as required under the By-Law. The rationale behind this rule is to prevent the damage to the damp proof membrane within the wall or the floor due to the renovation works and, subsequently, resulting a water leakage to the neighbour units.

• Keeping of Animals/Pets

“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 laws or rules and regulations of the relevant State or the local authority.”

This By-Law allows the unit owners to keep animal in their residential strata building as long as the animal does not cause a nuisance or pose a dangerous to the safety and health of other unit owners subjected to the rules and regulations of the local council. Therefore, you should make your own research beforehand whether your local council has any rules or prohibitions in keeping animal in a strata building.

For example, Kuala Lumpur City Hall (Dewan Bandaraya Kuala Lumpur aka DBKL) regulates a list of the breeds of dog to be allowed to keep in a strata building through Undang-undang Kecil Pelesenan Anjing dan Rumah Pembiakan Anjing (Wilayah Persekutuan) (Pindaan) 2011 UUK 8A which are:-

• Miniature Pinscher;
• Bichon Frise;
• Pekingese;
• Papillon;
• Toy Poddle;
• Japanese Chin;
• Maltese;
• Pomeranian;
• Chiahuahua.

In conclusion, strata management rules play a crucial role in the governance of high-rise skyscraper communities, ensuring efficient and harmonious living within these vertical neighbourhoods. We trust that we have achieved our aim today by exploring some of the uncommon By-Laws that are worth taking note of by the vertical communities.

Should you have any inquiries or require legal assistance, please do not hesitate to contact us in strata management disputes.

Written By: Yap Jian Zhi, Nicholas

Edited By: Low Chee Hau, Melvin

Note: This article does not constitute legal advice in any case. The facts in each and every case will differ and you can contact us for complimentary legal advice.