This article concerning the right to own a companion animal in a no dog building has been written and supplied by Bailey Compton, Leverage Group – Solicitors & Academy.
Leverage acted for a person whose dog was rejected by the strata committee. But the puppy is still there. Our client lived in a no dog building. The by-laws made a ruling that no dogs were permitted. NCAT ordered the dog to go.
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Well, the dog was nothing special! I thought he was cute, but in real terms, he was just a dog and the strata committee hated him. But, this dog came with a purpose.
Leverage’s client was a single parent. The circumstances that surrounded the separation of the parents had affected the child greatly. In fact, it has put the kid into counseling. The counselor suggested that a pet may operate to save the kid’s emotions.
This was put to the strata committee. They had some sympathy but they still didn’t like the dog. It was just a pug! A nice little dog that never barked, but acted as a comfort blanket for the nine-year-old girl.
Never fear, there is always a way around such a problem. In the Disability Discrimination Act 1992, a strata committee cannot outlaw a companion dog, like a guide dog. The Strata Schemes Management Act 2015 states that a strata scheme cannot outlaw a companion animal.
The solution was easy: we got the dog trained as a companion animal and had it registered with the local council. The strata scheme was not happy, but their powers to evict the dog were now excluded.
We kept the dog and protected the child’s mental health. As a side point, a compassionate strata committee would have found a way to resolve this issue. The psychological condition was real, there was no evidence that the dog affected anyone on common property and there was a real need for the animal. Surely sensible people could have found a solution without Leverage needing to create one.
This post appears in Strata News #155.
Read next:
- How To Deal With Pets In Strata Buildings – PODCAST
- SCA: Assistance Animals and the new NSW legislation
Bailey Compton, Leverage Group – Solicitors & Academy.
This article first appeared on Leverage Academy Website.
For more information about companion dogs or strata information particular to NSW, visit our FactSheet: Strata Pets Living in Apartments orFactSheet: Strata Legislation NSW
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Hi there,
thanks for this article. Unfortunately there still remain very unreasonable people in management committees in strata units. Instead of taking route of allowing pets under certain guidelines, our committee are having a lawyer who lives on the premises draft a bylaw which will state that no animals will be allowed under any circumstances (apart from guide dog or companion animals for special needs. I’m wondering if there is any way to dissuade from such a move which seems very unfair and means that owners who already have dogs would have to move or have their pets removed. Thanks for your time. regards Julie
Hi Julie
Thanks for the comments. If you are located in NSW, you may wish to read this article by Allison Benson, Kerin Benson Lawyers regarding unreasonable bylaws: NSW By-Laws & Pets: What is harsh unconscionable or oppressive?
Let me know if you have any further questions and all the best with the situation.
Nikki