- Can I have a pet in my apartment?
- What permission do I need for strata pets?
- Can I have a dog in my flat?
This FactSheet about strata pets is not printable, but rather full of the latest information in the form of dynamic links and/or presentations about apartment living with a pet. New information and links are added regularly. Be sure to check back to be kept up-to-date.
If you have enjoyed this FactSheet on strata pets, discover more great information in our other FactSheets in this series.
Feature Article
NSW By-Laws & Strata Pets: What is harsh unconscionable or oppressive?
Allison Benson, Kerin Benson Lawyers
Apr 2017: NSW Strata Laws on Strata Pets: A strict prohibition on the keeping of pets within a strata scheme may be deemed to be invalid under the new section 139 of the Strata Schemes Management Act 2015.
Dispute Resolution for your Strata Problem
For state by state information on Strata Disputes including problems due to strata pets living in apartments.
Check your State’s tab for articles and information about Strata Pets
Articles
NSW: Keeping The Dog: strata committee can’t outlaw companion animal Aug 2017 - What are the rules about keeping a companion animal in a 'no dog' building. Surely common sense should prevail. Is - 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
- NSW: Owners Corporation Unreasonably Withholding Consent To Keep A Pet In Strata Scheme Jun 2015 - This article about owners corporation pet approval has been provided by Michael Pobi, Pobi Lawyers. So your owners corporation’s strata
- NSW: Can I Keep My Pet in My Strata Unit, Townhouse or Villa? Jan 2015 - This article about pets in apartments, strata units, townhouses or villas and gaining approval for your pet from your owners
- NSW: Pets in Strata Buildings Aug 2014 - This article about pets in strata has been written and supplied by David Bannerman and Mark Pollinger, Bannermans Lawyers. GET
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.
FAQs
- NSW: Q&A Pets for Units – Can strata say our dog is too big? May 2018 - Question: Can the Owners Corporation place a limit on the size of pets for units? We have a growing, medium
- NSW : Q&A New Strata Dog Laws. Can I Mind A Dog At Christmas? Nov 2017 - Question: Our building has new strata dog laws. Are we still able to mind a dog for a few weeks
- NSW: Q&A Keeping Pets in Strata Units. How Many Are Too Many? Nov 2017 - Question: I would like to know about keeping pets in strata units. How many pets can be kept in a
- NSW: Q&A As a Tenant, How Do I Get The Owners Corporation to Approve My Bunny? May 2016 - The following Q&A about body corporate and pets NSW has been contributed to by Andrew Jakes, Ace Body Corporate Management.
- NSW: Q&A Bylaws – terms & conditions upon which a dog may be kept Apr 2016 - The following questions regarding strata bylaws pets NSW was submitted to our site via email from a NSW lot owner.
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.
Resources
STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws, including those concerning the keeping of animals, for residential strata schemes
Keeping Pets in Strata Schemes: your questions answered
– all about strata pets by NSW Young Lawyers Animal Rights Committee.
Articles
- QLD: Can a body corporate be allergic to pets? Mar 2018 - Animal dander has a very serious meaning to some of our readers, particularly when it comes to keeping pets in
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?
FAQs
- QLD: Q&A He Said….. She Said….. about the Neighbours Barking Dog Jan 2018 - Question: We've received a written complaint about a neighbours barking dog. It's proven difficult to pinpoint which neighbour. As Building
- QLD: Q&A Doggy Doo Is Not Cleaned Up – Who Enforces Bylaws? Aug 2017 - Question: One unit owner does not clean up after their rather large dog. It's part of the bylaws. Body Corporate
- QLD: Q&A Do Apartments Allow Large Dogs? If Not, Where Do I Stand Legally? Jan 2017 - Do apartments allow large dogs? If the Body Corporate refuses, where do I stand legally? I have heard of many
Articles
- 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
FAQs
- 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.
Resources
Model rules for owners corporations
model rules concerning keeping of animals. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.
- SA: Q&A Tenants Rights to Have Pets – Can I Keep My Cat? Jul 2017 - Question: I'm signing my lease for an apartment tomorrow and I have just been told that the building will not
- SA: Q&A Strata No Pets Policy – What About Visitors With Dogs? Nov 2016 - Question: If our scheme clearly has a strata no pets policy, what do we do about visitors bringing their dogs
- SA: Q&A How Do We Tell the New Owners About the No Pet Bylaw? Jun 2016 - We received this question about the the best way to inform neighbours about a no pet bylaw. Tyson D'Sylva, Ace
- Q&A Tenants Rights SA: I don’t want a dog in the building! Jun 2016 - We received this question about tenants rights SA from a tenant living in an apartment block. Tyson D'Sylva, Ace Body
- WA: Q&A What can I do about the neighbouring tenants with barking dogs? Feb 2018 - Question: Our building has recent acquired tenants with barking dogs, 3 little dogs in fact. One of the dogs barks
- Q&A Strata and Pets WA – Pet approval a condition of my sale May 2017 - Question: A condition of the sale of my apartment was the buyer be allowed to keep 2 cats. The Council
Guide to Strata Title
This publication contains a FAQ section (page 25) for strata owners and residents containing answers to common questions including:
- Can the strata company force me to remove my pet from my strata unit?
Need Help?
Looking for Strata By-Law & Legislation Industry Experts in your area to help with Strata Pets issues? Search within our Strata Services Directory in the category Legal Services for the best list of contacts available.
Interested in being included in the Directory? Contact Nikki Jovicic, LookUpStrata for more information.
