FactSheet: Strata Pets Living in Apartments

• NSW: Can I keep pets in a strata building? May 2017 - Despite the much anticipated “pet-friendly” amendments to the new strata legislation, animals are still not automatically permitted in strata schemes
• NSW By-Laws & Pets: What is harsh unconscionable or oppressive? Apr 2017 - NSW Strata Laws on Pets: A strict prohibition on the keeping of pets within a strata scheme may be deemed
• NSW: Smoking, pets and compulsory review of by-laws Sep 2016 - The amendments to the regulation change the model bylaws proposed for a strata scheme building. All existing schemes are now

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.

Owners Corporation Unreasonably Withholding Consent To Keep A Pet In Strata Scheme

Michael Pobi, Pobi Lawyers
Jun 2015: What can owners and occupiers do if their application to their owners corporation to keep pets in apartments has been refused by the owners corporation or the owners corporation’s executive committee?

Can I Keep My Pet in My Strata Unit, Townhouse or Villa?

Michael Pobi, Pobi Lawyers
Jan 2015: Keeping pets in your apartment may raise a number of contentious issues including within your scheme. We provide some useful tips to guide you through the process of having a strata pet.

Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny?

Andrew Jakes, Ace Body Corporate Management
May 2016: Question: Body Corporate and Strata Pets: Where Do Tenants Stand? My landlord says yes, but the owners corporation says no to my bunny.

Q&A Bylaws – terms & conditions upon which a dog may be kept

Leanne Habib, Premium Strata
Apr 2016: Can we arrange a by-law to be prepared granting permission for a dog, but with certain limitations should a nuisance arise?

FAQs about NSW Strata Laws Regarding Pets

Question: When should a by-law be amended?

Answer

From Simone Balsara, TEYS Lawyers:

A good example is a keeping of animals by-law: Every scheme ought to have a keeping of animals by-law and generally it is model by-law 16 under the SSMA. If an owners corporation wants to change this by-law to make it a no pets by-law or expand it to include additional conditions, it would not repeal the by-law and create a new special by-law, but would simply amend the existing by-law.

Question: What is a common household pet? Can a Rottweiler or Bulldog be allowed in a scheme?

Answer

From Simone Balsara, TEYS Lawyers:

An owners corporation can amend their by-laws to specify that any animal that is deemed to be potentially harmful to the health or safety of others will not be allowed in the scheme. It will depend on the circumstances whether the animal is not a common household pet.

Question: If I go overseas for two months and on my return the keeping of animals by-law has changed without my knowledge, can I argue that my consent was required for this change in by-laws if I want to keep a pet?

Answer

From Simone Balsara, TEYS Lawyers:

No. An owner’s consent is not required to amend a model or general by-law applicable to the scheme. It only needs to be passed by special resolution at a general meeting. By-laws granting special privileges or exclusive use rights require the consent of the lot owner or owners concerned.

The saga of Joe – the unwanted galah

Hynes Legal
Feb 2016: Our clients bought a lot in a building that had a no pet policy. They owned a galah called Joe. We had the inevitable argument over pets. Joe had lived in a cage for his entire life. He had previously lived in a community titles scheme without issue. He was quiet and clean and didn’t squawk and annoy people.

Strata Pets Qld

Kelly Borell, Tower Body Corporate Administration
Oct 2015: When it comes to strata pets in Queensland, can my body corporate really flatly refuse permission for animals on the grounds that they hate pets?

Pets in Body Corporates

Kelly Borell, Tower Body Corporate Administration
May 2015: What is a reasonable response to handling the issue of pets in body corporates?

• QLD: Q&A Do Apartments Allow Large Dogs? If Not, Where Do I Stand Legally? Jan 2017 - Do apartments allow large dogs? I have heard of many onsite managers having special approval for a dog, so surely

• Pets in Owners Corporations in Victoria Jun 2017 - In Victoria it is unlikely that a blanket prohibition on pets is within the Owners Corporation's power. Whether or not
• VIC: VCAT Declares Owners Corporation Rule Prohibiting Pets Being Kept in Private Lots Invalid & Unenforceable Sep 2016 - A recent VCAT case involved an OC that had two registered Owners Corporation Rules prohibiting pets on common property and

• VIC: Q&A Companion Pets in Apartments Mar 2017 - Question: Am I able to have companion pets in apartments in Victoria? Is it possible for companion animals to be

Strata Pets: Can a by-law specify the maximum allowed weight for a Pet?

Question

I’m in Vic and owner of apartment and rules say I can have a dog under 10kg, what if its a slightly larger dog. Is that ok?

Answer

From Simone Balsara, TEYS Lawyers:

A weight restriction for animals in a rule is open to challenge as being unreasonable and invalid. An Adjudicator in a Qld case, 212 on Margaret [2011], found a condition that an animal must not weigh more than 10kgs is an unreasonable restriction.

If an animal that has been approved puts on weight and becomes 10.5kgs, according to the rule it is in breach of the rule and can be removed. To monitor and enforce such a provision is not practical and therefore open to challenge.

Can a lot owner keep a pet on his/her strata lot?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Can the body corporate force a lot owner to remove a pet from his/her strata lot?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles