Question: Can a body corporate require you to use the basement for entry/exit of the scheme when accompanied by an animal?
Answer: Yes, provided access via the basement is safe and reasonably practical.
It is not uncommon for bodies corporate to impose conditions on where animals can go on common property, such as requiring animals to be brought onto and taken off the scheme via the basement. The intended purpose of such conditions is generally to reduce unwanted contact with occupiers and avoid adverse impacts on the common property.
However, bodies corporate and committees have a duty to act reasonably at all times, and by-laws must not be unreasonable or oppressive (s.94(2), 100(5) and 180(7) of the Body Corporate and Community Management Act 1997). For example, in Grosvenor [2022] QBCCMCmr 305, the Adjudicator considered a by-law that required occupiers to use the basement for entry/exit of the scheme when accompanied by an animal. In this case, the Adjudicator relevantly stated:
“[37] A condition such as this would not be invalid simply because it was not the most convenient or desirable means of access for a pet owner. I also do not consider arguments that the basement access is not considered necessary, and that the foyer can be used by animals without incident, is a basis for an adjudicator to interfere with a by-law that the body corporate has chosen to record. However, if the body corporate is requiring pet owners to use a means of access to the scheme that is not safe or reasonably practical, arguably a by-law requiring that access would be oppressive or unreasonable.
[42] … there may be times and circumstances in which the basement and the driveway may not be a feasible or practical means of entering and exiting the scheme generally or for particular pet owners. As such, there may be times and circumstances where it would not be reasonable for the body corporate to require only basement access. For example, in instances of extreme weather or during a fire evacuation, or if a particular pet owner has temporary or permanent mobility issues, potentially the insistence of the use of the basement and driveway could be unreasonable.”
Accordingly, if bodies corporate wish to impose a condition requiring animals to be brought onto or taken off the scheme via the basement, the specific circumstances must be carefully considered, including safety and practicality of access and any exceptional circumstances.
This post appears in the June 2023 edition of The QLD Strata Magazine.
Alanna Hill
Mathews Hunt Legal
E: alanna.hill@mathewshuntlegal.com.au
P: 07 5555 8000
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