WA: Can residents keep dogs if a WA strata scheme has no pet by-laws?

Question: If we have nothing in our bylaws about pets, can residents own a dog as long as they clean up after it and it does not cause any nuisance?

Answer: The standard bylaws give the power to the strata company to write to an owner or occupier and order the removal of a pet from the complex.

If your strata company by-laws have no registered change, additions or amendments then schedule 2 conduct by-law 12 (c) would apply, which states:

conduct by-law 12 Additional duties of owners and occupiers

An owner or occupier of a lot must not –

keep animals on the lot or the common property after notice in that behalf given to that person by the council.

Essentially, this gives the power to the strata company to write to an owner or occupier and order the removal of a pet from the complex. However, it is not as straightforward as that.

IF you consider case law, there are some examples of this by-law in action and it is safe to say that any Strata Scheme that is considering giving notice under this by-law should first ensure that the decision to do so is fair and reasonable and the reasons are valid. Examples may be a pet that has caused a persistent and constant nuisance to other occupants for an extended period or a pet that has proven to be a risk to the health and safety of other residents.

Invalidity of scheme by-laws

Another important factor to be aware of is that section 46 (h) of the Strata Titles Act 1985 provides that any by-law that prohibits or restricts the keeping of an assistant animal by a person with a disability who is an owner or occupant is invalid Under the Act. An assistance animal has the meaning given in the Disability Discrimination Act 1992 (Commonwealth) section 9(2): Carer, assistant, assistance animal and disability aid definitions.

This post appears in the February 2022 edition of The WA Strata Magazine.

Luke Downie
Realmark Strata
E: strataperth@gmail.com
P: 08 9328 0999