Question: We have a keeping of animals by-law stating residents can keep an animal, but not dogs or cats. Is this a reasonable by-law?
We have a keeping of animals by-law stating residents can keep an animal, but not dogs or cats:
“owners or occupiers shall be entitled to keep any animal upon their lot provided that no dogs or cats, other than assistance animals as prescribed by the legislation, shall be allowed upon any lawn or the common property.”
Is this a reasonable by-law?
Answer: I’m okay with restricting the types of animals, where animals are kept, or even the number of animals. But it needs to be done intelligently.
I’m okay with restricting the types of animals, where animals are kept, or even the number of animals. But it needs to be done intelligently. I’m not sure this by-law has been done with much thought. Two of the most common pets are dogs and cats.
Why is that restriction being imposed? What’s the reason behind the by-law? Is it because of limited space? In the Franklin case, it was an old aged care scheme, and people had a room for their bed and lounge and then an ensuite bathroom. That doesn’t necessarily rule out a small dog, a cat, or a lazy dog.
At face glance, this by-law is likely to be very, very challengeable and harsh, unconscionable and oppressive. If the by-law said you could have two dogs or two cats, or one dog and one cat, I would be more okay and happy with that restriction. If there was an ability to apply for a special exemption, such as we want to have three cats, but two of them are 18 years old, and all they do is lie on the bed all day. That would make the by-law much less likely to be deemed harsh, unconscionable and oppressive.
I saw a by-law the other day about venomous animals, and I thought, okay, well, I can see why that restriction would be imposed. I thought, that one’s likely to withstand challenge.
In this instance, I think the boundaries of this by-law are going to be tested. Go back to the scheme to ask how they can justify this restriction in the context of your scheme. How does that adversely affect you keeping that animal in your scheme?
This post appears in the July 2023 edition of The NSW Strata Magazine.
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
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