Barking dogs, loud neighbours, smoke drifting in — nuisance is the most common strata conflict. Here is what the by-laws actually say, and how a JMB/MC should handle complaints between residents.
General guidance for 2026 — not legal advice. Strata matters are governed by the Strata Management Act 2013; consult your COB or a lawyer for your situation. Need a leak traced & fixed? Ask us →
Nuisance — noise, pets, smoking, obstruction, smells — is the single most common source of friction in shared living. The frustrating part for many owners is being told to “resolve it between yourselves.” Here is what the law and by-laws actually require of the management, and what your rights are as an affected resident.
The prescribed and additional by-laws → typically require that no owner or occupier uses their parcel in a way that causes nuisance or annoyance to others, or obstructs common property. This covers excessive noise, offensive smells, and unruly behaviour. Every owner is also entitled to quiet enjoyment of their parcel. The by-laws also typically set out renovation rules including permitted working hours — see renovation rules →.
Whether you can keep a pet depends on your scheme’s by-laws. Many condos restrict or prohibit animals (especially dogs) through an additional by-law, while others allow pets subject to conditions (leashing in common areas, no nuisance, registration with management). Check your building’s house rules before getting a pet — getting an animal and then being told to remove it is a painful situation for everyone involved.
| By-law approach | What it means for residents |
|---|---|
| Full no-pet policy (common in high-density condos) | No animals allowed; enforcement against any pet owner |
| Permitted with conditions | Pets allowed if leashed in common areas, registered, not causing nuisance |
| No additional by-law on pets | Pets not expressly banned, but nuisance rule still applies to noisy/unruly animals |
| Building with grandfathered pets | Long-kept pets may have informal tolerance even under a newer restriction |
A common real-world issue: a no-pet by-law is introduced or enforced in an older building where some owners have kept pets for years. By-laws generally cannot be applied retrospectively to penalise something that was lawful when done, and management often has to balance enforcement with fairness. These cases are frequently negotiated, mediated, or ultimately decided at the Tribunal — outcomes vary, so document everything. If you are the owner of a long-kept pet facing a new restriction, document when you acquired the pet relative to when the by-law was passed.
The JMB/MC → has a duty to enforce the by-laws. While encouraging neighbours to resolve things amicably is reasonable, the management cannot simply refuse to act on a legitimate by-law breach by telling the complainant to deal with the offender alone. Persistent inaction is itself a ground for a COB complaint →. The management’s job is not to be an arbitrator of personal taste; it is to enforce the rules that every owner and occupier agreed to be bound by when they took possession.
| Escalation step | When to use | Outcome |
|---|---|---|
| Direct approach to neighbour | First, always | Quick resolution if the neighbour is reasonable |
| Written complaint to management | If direct approach fails or is unsafe | Management must act; creates paper trail |
| COB complaint | If management ignores the complaint | COB directs management to enforce |
| Strata Management Tribunal | If COB route is insufficient | Binding order to stop nuisance or comply with by-laws |
The management can issue a notice to remedy the breach, impose charges or penalties as the by-laws allow, and recover the cost of any rectification. Enforcement must follow due process — not arbitrary self-help. An owner who receives a notice has the right to respond and dispute it, and should do so promptly in writing if they believe the complaint is without merit.
Unresolved by-law and nuisance disputes can be taken to the Strata Management Tribunal →, which can order a party to stop a nuisance or comply with the by-laws. Its orders are binding. The Tribunal process does not require lawyers and is designed to be accessible to ordinary owners, making it a practical route for persistent neighbour disputes that the management has failed to resolve.
This guide cites Malaysian legislation and official bodies. Always confirm current rates and rules with the official source:
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