Question: Can a Strata Company prohibit the transit of pets in a lift?
The standard by-law is silent regarding lifts, but should the animal present a nuisance, then the strata company can instigate the breach of by-laws process.
Each Strata Company is bound by by-laws, whether they are the standard by-laws or by-laws contained in a Management Statement or Scheme By-laws.
Schedule 2 By-law 12 (c)
Answer: 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.
The standard by-law is silent regarding lifts, but should the animal present a nuisance, then the strata company can instigate the breach of by-laws process if the animal is disturbing someone’s peaceful enjoyment.
There may be existing by-laws or ones contained in a Management Statement that determine if an animal can be in a lift or not.
The strata company also needs to ensure that when making decisions to enforce a by-law, that it complies with section 119 of the STA.
- In performing its functions, a strata company is to have the objective of implementing processes and achieving outcomes that are not, having regard to the use and enjoyment of lots and common property in the strata titles scheme —
- unfairly prejudicial to or discriminatory against a person; or
- oppressive or unreasonable.
If the by-law said that all dogs must be carried when on the common property, then that may encourage owners to get small pets or join a gym to put on some muscle.
To prevent pets from transiting in lifts may be considered unreasonable, especially if the animal is well trained and obedient (unlike some owners or occupiers who use the lifts.)
In specific cases where a pet is aggressive to other occupants in the lift or toilets in the lift then it would be reasonable for the strata company to require the owner of the pet to either get it trained or use the stairs.
The worst case scenario for the pet is to have it removed.
This post appears in the April 2022 edition of The WA Strata Magazine.
Shane White Strata Title Consult E: shane.white@stratatitleconsult.com.au