If a body corporate cannot ban pets from residential life except in exceptional circumstances, what does 'residential life' mean? Can we stop short term guests from bringing pets?
In a recent article, Frank Higginson advised that under the new rules, "Bodies corporate will not be able to ban pets in a community title scheme, except in special circumstances". Further, "This guidance seems to make clear that pets are part of residential life – in whatever type of structure you live in".
What exactly does "residential life" mean? About a third of our apartments are in a letting pool. Can the body corporate insist short-term holiday guests are not allowed to bring pets, appropriately registered assistance animals being the exception?
That remains the prerogative of the lot owner in consultation with the letting agent, after which the body corporate might need to get involved.
The powers of a body corporate with respect to pets will soon be that set out in this s. 169B - Queensland Legislation - Insertion of new ss 169A and 169B. That doesn’t extend to a prohibition on pets because the unit may be holiday let – that remains the prerogative of the lot owner in consultation with the letting agent to decide whether they want to rent their unit to holidays guests with a pet. Holidays tenancies are not captured by the obligations with respect to pets in the Residential Tenancies and Rooming Accommodation Act – which governs permanent rentals. If a lot owner does want a holiday guest to be able to keep a pet, then they need to go through the approval process with the body corporate first, though.
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With more than 30 years’ experience in property, management rights and body corporate law, Frank is a beacon of knowledge and a renowned strata-industry expert. Known for his straight-shooting style and commercially driven advice, Frank cuts through the most challenging legal problems to deliver real-world solutions.
An active member of the strata community, Frank generously shares his time and experience to help educate the broader industry on all things strata law. He embraces his role as an industry leader and is committed to continued industry innovation and ensuring everyone in the strata sector has access to practical resources and solutions as they navigate through the strata maze.
He regularly presents to all industry segments and also speaks at Queensland Law Society events on strata law issues to other lawyers. Frank is a regular contributor to LookUpStrata.
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