Question: We are a four unit body corporate in Cairns. A tenant has the owner’s agreement/support for a small pet. If the vote is three in favour of the pet and one against, is a majority sufficient or does the result need to be unanimous for the pet to be allowed in the complex?
Answer: From a voting perspective, it is generally considered that reasonably submitted pet applications cannot be denied.
Approval of a pet is usually made by a majority decision on the committee. In your complex, if all four units are part of the decision making process, a vote of three to one in favour is sufficient. If one unit doesn’t vote, two to one is sufficient. If the votes are equal, the motion is defeated. It’s worth checking your by-laws to see if there are any conditions in a pet by-law that might affect this, but this is the standard procedure.
From a voting perspective, it is generally considered that reasonably submitted pet applications cannot be denied. The state government has proposed bringing in legislation to this effect, and it is expected to be introduced in the next twelve months. This legislation will formalise the status quo regarding approvals.
However, within that context, it should also be expected that owners who want pets submit credible application forms showing that their pet is suitable for body corporate living and acknowledging that they are responsible for the animal’s behaviour. Body corporate schemes can also consider bringing in by-laws around pet control to help limit any issues.
This post appears in the November 2023 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924