A NSW Lot Owner is wondering whether their Owners Corporation can set a weight limit on dogs allowed in their building. Leanne Habib, Premium Strata provides the following response.
Question: My Owners Corporation has a bylaw setting a size limit for dogs in our building. Is this reasonable? How can I know how big my puppy will get?
I live in NSW, and in an apartment where they have a bylaw restricting dogs to no more than 15kg, however, I have seen much larger dogs kept on the property.
I don’t have a pet as yet but I have a specific breed in mind. Research on the breed indicates the weight range can be from 14-18kg.
As I’m looking to get a puppy, how will I know how heavy the puppy may get? Is it harsh and reasonable if the committee has already turned down the breed as they said there is too much of a risk that it can get too big? I feel they have not factored in the gender of the dog which could also affect the weight.
In the application, I just wrote in a generic weight as I wanted to go by the rules in ensuring the breed is ok prior to contacting the breeder. Now I have to wait every 3 months or so for the next committee meeting for approval, so in the meantime, I just wanted to know if NSW bylaws with pet weight restrictions are valid?
Answer: There are all types of pets by-laws including those with weight restrictions.
There are all types of pets by-laws including those with weight restrictions – we have seen them limit weight to 10kg or less but have not yet seen these tested at NCAT.
Hopefully in the context of other large dogs at the scheme, provided you obtain the written approval of the strata committee to keep your dog and disclose the type of breed, they will not single you out to remove your dog if it exceeds the weight limit.
This post appears in Strata News #233.
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These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.