This article discusses strata pet noise by-laws, considering whether “no noise” conditions for approved pets are unreasonable or oppressive and how such conditions are interpreted and challenged.
Question: Our strata bylaws have a pet with approval policy that states “the dog is not permitted to make noise or otherwise cause a nuisance”. Is a statement regarding noise oppressive? How is it possible for a dog to make no noise?
Our strata bylaws have a pet with approval policy. We have been given approval subject to a separate list of conditions, one of which we feel is unreasonable and oppressive.
It states “The dog is not permitted to make noise or otherwise cause a nuisance, such that it interferes unreasonably with any person’s use or enjoyment of another Lot or common property”.
We feel the first part of this statement regarding noise is oppressive, how is it possible for a dog to make no noise?
Answer: Absolutes are rarely appropriate in a body corporate context and you’re right, a dog rarely if ever will not bark – it’s what they do!
Absolutes are rarely appropriate in a body corporate context and you’re right, a dog rarely if ever will not bark – it’s what they do! As always, it’s about the details: how often, what times and how much might it disturb others? Conditions can indeed be unreasonable, as several adjudicators’ orders have found. That said and looking at the condition you’ve presented, I think the first part of the statement needs to be read in conjunction with the second. In other words, it looks as though what it might be saying is ‘The dog is not permitted to make noise…such that it interferes unreasonably with any person’s use or enjoyment of another Lot or common property’.
If my reading is accurate, then what’s being presented to you may well be reasonable, as you’re being asked to ensure your dog doesn’t ‘unreasonably interfere’ as a result of the noise it makes. If you’re concerned you might want to ask a few more questions about what this means in practice and does the committee have any experience of how this has worked with other animals.
If you and the committee can’t agree on the conditions then you can dispute them through my former Office. You’d need to demonstrate why it is unreasonable. I’d suggest having a look at previous adjudicators’ orders in this regard.
This post appears in the March 2021 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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