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?
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.
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JS Mueller & Co Strata Lawyers
For over 25 years Adrian has specialised exclusively in strata law, his knowledge and experience is second to none.
Known for his articulate and engaging presentation style he has delivered groundbreaking papers to strata lawyers, the strata industry and lectured extensively on strata law topics.
He has been published in many mainstream and industry broadcast and digital and print media publications for his extensive knowledge on strata law.
In recognition of his outstanding ability, Adrian has been admitted as a Fellow of the Australian College of Community Association Lawyers, the peak body for Australian strata lawyers.
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