Question: 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?
Answer: 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.
This post appears in Strata News #683.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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