This article discusses how the WA standard strata pet by-law operates in practice, clarifying whether pets can be kept without prior approval and when a council of owners may lawfully require an animal’s removal.
Question: Does the standard pet bylaw in WA mean that residents can keep an animal without apply to the council, until a time they are given notice to remove it?
I am a strata owner and on the council of owners. I wanted a small dog and strata advised I needed to make an application to the council. I submitted an application and it was denied. Our bylaw regarding animals is as per the Strata Titles Act 1985 Schedule 2 12(c):
An owner or occupier of a lot must not —
(c) keep animals on the lot or the common property after notice in that behalf given to that person by the council.
Does this bylaw mean that I can in fact keep an animal without having to apply to the council, until I’m given notice to remove it? I’m presuming they could only ask me to remove it if the dog was causing some disruption?
Answer: If your complex is wanting a no pet complex then the standard by-law would not suffice.
On the basis that the standard Conduct by–law contained in schedule 2 12(c) applies to your Strata Complex then your interpretation of the by-law would be correct. The by-law is not requiring a pet to be approved but does require the pet to be removed on notice to that affect from the council of the strata company.
It would also be my advise to a Strata Company that they should only issue such notice for valid reason. Some examples of reason’s they may issue such notice would include:
- The pet is a threat to the safety of occupants in the complex
- The owner does not exercise control of the pet whilst on common property
- The pet constantly causes a disturbance to the peaceful enjoyment of the other occupants
- The pet has caused damage to the common property
I would also suggest that in most cases it is best for the strata company to give the pet owner opportunity to rectify the concerns prior to issuing a notice. A decision to enforce an owner to remove a pet should not be taken lightly.
If your complex is wanting a no pet complex then the standard by-law would not suffice. It is also important to be aware that any by-law that prohibits or restricts the keeping on a lot of an assistance animal (as defined under the Disability Discrimination Act 1992) is an invalid by-law under section 46 of the STA1985 – Invalidity of scheme by-laws.
This post appears in the June 2022 edition of The WA Strata Magazine.
Luke Downie
Realmark Strata
E: strataperth@gmail.com
P: 08 9328 0999
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