Question: We have a no pet policy. A lot owner has purchased a service dog without seeking permission. Are we at risk of legal action if we refuse to accept the dog?
We have a no pet policy. We have had a request from an owner asking to have a dog. She has said the dog will be trained as a service dog. The has produced a doctor’s certificate stating a recent diagnosis but no proof of eligibility for a service dog.
She has already bought a puppy and is having it trained before obtaining permission to keep the dog in the building. I believe it may take up to a year to train a service dog.
Are we at risk of some sort of fine or legal action if we refuse to accept the dog? If it’s not a legitimate service dog, how do we stand if we refuse her request?
Answer: Service dogs are now prevalent across a range of medical issues and the Strata Company may have to make further enquiries in relation to the keeping of a service dog.
The Strata Titles Act provides for the Strata Company to pass and lodge bylaws to assist in the ongoing management of their complex. If the Strata Company has a policy that all of the owners support, this needs to be put to a vote at a general meeting and then registered on the Strata Plan so it becomes a registered bylaw.
A bylaw is then enforceable and if required, may be upheld via SAT if an owner or the Strata Company were to make an application. I am assuming from the comments you have provided that the policy is not a registered bylaw and if it isn’t, then I believe the standard governance and conduct bylaws would be seen as the bylaws for your Strata Company.
Schedule 2 Bylaw 12 (c) states:
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.
This would allow someone to keep an animal until they are provided notice by the Council of the Strata Company that the animal must be removed.
In the case that you have identified below, without a registered bylaw, there would be no approval required for the keeping of this dog, whether it be a service dog or not.
Section 46 of the Act also notes that bylaws may be deemed invalid if they:
- to the extent that they prohibit or restrict the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is an owner or occupier of a lot;
Service dogs are now prevalent across a range of medical issues and the Strata Company may have to make further enquiries in relation to the keeping of a service dog. My understanding is that the dog will come with some form of certification once it has been trained as a service dog, however as per your comments that may be a year away. If the dog is currently being trained for service then there would be some form of verification available from the service provider.
The Strata Company may also wish to seek legal advice to confirm their position, and their ability to reject this person’s application.
This post appears in Strata News #534.
Shelley Fitzgerald Emerson Raine E: shelley@emersonraine.com.au P: 9330 3959