This article discusses strata pet by-law penalties, examining whether stronger financial consequences are needed to ensure compliance with pet-related by-laws and NCAT orders.
Question: Should there be a provision for tougher penalties for residents who do not comply with bylaws for responsible animal ownership?
Answer: Yes, there should be tougher penalties imposed on people who breach the bylaws dealing with keeping of pets
I think there should. That’s a very topical question because at the moment NCAT only has the power to impose a $1,100 penalty on a pet owner who contravenes a notice to comply with the bylaw. There are many pet owners that would be prepared to pay that price to keep their beloved dog or cat in their apartment with them.
What the new laws the New South Wales Government has just passed will say when they become law later this year, is that NCAT will have power to impose a $5500 penalty on any person who breaches an NCAT order. That means that if an Owners Corporation takes a dog owner to NCAT and gets an order for the dog to be removed from the building because the dog is causing a nuisance and the owner doesn’t comply with that order, the owners corporation can go back to NCAT and have that dog owner penalised up to $5500.
I think we all have to ask ourselves the question: what price are some people prepared to pay to keep their beloved dog or cat in their apartment with them? I dare say that there are lots of people that will be prepared to pay a penalty of that magnitude.
I suspect the answer to the question is yes, there should be tougher penalties imposed on people who breach the bylaws dealing with keeping of pets to provide them with a sufficient incentive to comply with those bylaws and orders that are made by NCAT.
This post appears in the April 2021 edition of The NSW Strata Magazine.
Adrian Mueller JS Mueller & Co Lawyers E: adrianmueller@muellers.com.au P: 02 9562 1266