The Evolution of Pet Policies in Strata Schemes
Gone are the days when strata committees and the Owners Corporation could arbitrarily ban pets. A landmark 2020 court decision has dramatically changed the landscape for pet owners living in strata properties, giving furry friends more protection than ever before.
A Game-Changing Court Decision
In October 2020, the New South Wales Court of Appeal made a groundbreaking ruling that invalidated blanket bans on animals in strata schemes. This decision opened the door for pet owners and challenged long-standing restrictive by-laws.
What Does This Mean for You?
Your Pet Rights in a Nutshell
- Owners Corporation’s cannot refuse you having a pet
- They can only intervene if your pet causes “unreasonable interference”
- By-laws banning all pets are now invalid
What is Deemed as “Unreasonable Interference”?
Your pet might be considered a nuisance if it:
- Makes persistent, disruptive noise
- Repeatedly chases or attacks other occupants or animals
- Causes repeated damage to common property
- Creates persistent offensive odours
- Endangers health through infection
- Fails to comply with companion animal regulations
Important Limitation: Number of Pets
Contrary to some interpretations, there’s no strict limit on the number of pets. The key test is whether the animals unreasonably impact other residents.
What to Do If Your Strata Committee Refuses Your Pet
- Understand the law is on your side
- Communicate in writing
- Reference recent tribunal decisions
- Seek professional assistance if necessary
Pro Tip
Strata committees cannot:
- Charge pet fees
- Require additional bonds
- Mandate special insurance for pets
Real-World Example
In a recent NCAT (NSW Civil and Administrative Tribunal) case, a strata committee tried to limit an owner to one dog. The tribunal ruled this interpretation was incorrect, affirming that owners can have multiple pets provided they don’t cause unreasonable interference.
Best Practices for Pet Owners
- Inform your strata committee in writing about your pet
- Ensure your pet is well-behaved
- Clean up after your pet
- Keep noise to a minimum
- Be a considerate neighbour
Unsure About Your Strata’s Pet Policy?
Steadman Williamson Hart Can Help!
We specialise in reviewing strata by-laws and can:
- Analyse your current strata by-laws
- Identify non-compliant pet restrictions
- Provide professional guidance
- Help you understand your rights
- Assist in updating outdated by-laws
Free Initial Consultation
Contact our expert team today for a comprehensive review of your strata’s pet policies.
Email: strata@steadmanwilliamsonhart.com.au
Don’t let outdated by-laws stand between you and your furry friend. Reach out to Steadman Williamson Hart and ensure your strata by-laws are fair, legal, and up-to-date!
Disclaimer: This blog provides general information and should not be considered legal advice. Always consult with a legal professional for specific guidance