Question: We moved into our new apartment six months ago with two cats, even though we knew the body corporate had a rule about one pet per apartment. We’ve received a breach notice for not complying with the rules. What do we do now?
We purchased our apartment about six months ago. At the time of purchase, we knew the body corporate had a rule that no more than one pet was allow. We have two cats. One cat is my daughter’s support animal and both cats stay inside the apartment at all times.
When purchasing, the real estate agents assured us that two pets would not be an issue as many other lot owners had more than one pet.
We have received a notice from the body corporate advising us we are not complying with the rules. How do we make this right?
Answer: If you haven’t made an application, submit one.
All purchasers should check the by-laws before moving in. It is not sufficient to rely on information from your sales agent.
Had you done so, you would presumably have seen a by-law around the housing of pets at the property and could have made an application in advance.
If you haven’t made an application or the body corporate has a by-law that states only one pet is allowed, it is not strange that the body corporate is enforcing its by-laws. That is what it is supposed to do.
If you haven’t made an application, submit one. If you have made an application and it was denied, you might ask whether the grounds for denying the application are reasonable and valid.
Generally, the law has been in favour of allowing pets in body corporates and most take the view that it is difficult to deny reasonable pet applications. The Queensland Government has recently announced that it plans to introduce reforms to make it easier to allow pet ownership, so the general tide of opinion is that pets are permitted. We don’t have the full details of the government’s plans yet, but it is possible that any legislation they bring in could make the arguments here moot in a fairly short period of time.
In this case, it seems that the body corporate would permit you to have one cat but not two. Is that reasonable? It may be a stretch, especially if you can show the cats are indoors only. You might want to refer to your local council rules. Here on the Gold Coast, the council require you to get a permit for more than two cats. You might want to review what your council says and cite that as a standard of reasonability.
After that, you could challenge any decision of the body corporate via the Commissioner’s Office. Or wait until the body corporate takes you to court and respond then. Either way, seeking mediation and outside adjudication on the situation seems sensible.
This post appears in the April 2023 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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