Question: Can a “no pets” bylaw be valid on the grounds of resident’s allergies? Can the Owners Corporation demand medical evidence to prove the allergy actually exists?
When our owners corporation has discussed allowing pets in our 60 lot strata building, two of the owners claimed to have an allergy to pet fur. Their claims have put an end to the discussion.
Can a “no pets” bylaw be valid on the grounds of resident’s allergies? Can the Owners Corporation demand medical evidence to prove the allergy actually exists?
Answer: A “no pets” by-law cannot be justified because some residents have pet allergies.
A “no pets” by-law cannot be justified because some residents have pet allergies. The presence of some residents with per allergies might provide a good reason for an owners corporation to reject an application for permission to keep a pet but this would depend on the specific circumstances.
This post appears in Strata News #461.
Adrian Mueller
JS Mueller & Co Lawyers
E: adrianmueller@muellers.com.au
P: 02 9562 1266
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