pets-in-apartments

The Pet Dilemma

Pets in strata

Pets, together with parking and parties are one of the 3 Ps in strata and community living that is debated the world over.

We saw a change to more favourable pet by-laws with the 2016 strata legislation and we have noted that generally, new schemes are allowing pets with approval and the emergence of approvals not being required as long defined guidelines are met.

Interestingly our strata managers only had a few cases in 2020 where they have had to deal with non-compliance with pet by-laws.

The end to a ‘no pets’ by-laws

In 2020, the NSW Court of Appeal’s overturned an owners corporation decision on a no pet by-law (Cooper v The Owners – Strata Plan No 58068). The court ruled that the blanket ban on pets was harsh, oppressive and unconscionable 

Following this landmark decision, the Strata Schemes Management Act 2015 is now being amended to adopt these provisions into legislation.

The Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 introduced changes to the ‘keeping of an animal’. Under s137b of the Act, a by-law or a decision by an owners corporation has no force or effect if it unreasonably prohibits the keeping of an animal on a lot.

Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.

Section 36A of the Strata Schemes Management Regulations 2016 provides circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or common property. See Strata Schemes Management Amendment (Pets) Regulation 2021 for details.

These changes came into effect on 24 August 2021.

Pet by-laws

Many schemes would have reviewed their pet by-laws soon after the introduction of the 2016 legislation. Owners corporations will need to review existing by-laws again and make sure they comply with these new legislation changes.

Owners corporations can still require residents to apply for approval to keep an animal on their lot and set reasonable conditions in their by-laws to manage the keeping of animals in the scheme.

As your strata managing agent, we do not give legal advice. However, our strata management team enjoys our sharing culture. So, if you’ve got questions about what might be considered good practice for your scheme, just ask.

Like with all strata and community decisions, we are here to provide information and guide you so that you can make decisions that are in the best interests of all owners.

Any questions, just ask your accredited Strata Plus strata manager.

Useful links

NSW Fair Trading’s online information

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1

Strata Schemes Management Amendment (Pets) Regulation 2021

Pets in Strata Report – s276A report on review of keeping of animals

 

Any questions, just ask your accredited Strata Plus strata manager.

^
X

Step 1 of 2

  • Give us a compliment

X
  • Your suggestion

X

Step 1 of 2

  • Your complaint

Translate »