On Pets and Strata
The ongoing discussion whether to allow our beloved pets into strata complexes and communities remain open but one thing is sure: the by-laws still stand.
In summary, by-laws are the terms that regulate the use of common lots and property - including animals. By-laws are made as fundamental rules in a scheme’s day-to-day management and community living depends on how efficiently they are implemented.
As of 23 September 2020, the NSW Court of Appeal was instrumental in issuing a fair and reasonable by-law within the context of containing pets in a scheme. In this particular instance, there is a valid argument that animals are permitted within their own lot. This by-law is expected to be generally applied to owners and occupiers of freestanding dwellings.
However, despite this outcome, there are always restrictions to be placed when it comes to keeping animals in common spaces and property.
The Appeal Panel at the NSW Civil and Administrative Tribunal (NCAT) overturned the by-law setting a ban on animals in a scheme - finding that prohibiting the keeping animals on Lots is valid on the argument that the Lot owner is accountable for the responsibilities and obligations found in the by-laws of a strata scheme once they secure an apartment.
The bigger question is: what does this outcome mean for schemes that still practice a no pet by-laws and opposing apartment owners? The answer is the effects of the section of Act will still be lawful and will be practiced until it is changed. A resident still has the risk of losing their animal if it is considered a “nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use of enjoyment of another lot or the common property.”
This legal instance implies that the Owners Corporation needs to take notice of its by-laws in retrospect and start seeking clarity for the circumstances that it should and should not apply to for the laws to be in context and understood.
To read more on this topic:
- Pets now allowed in Sydney apartments as blanket ban on animals lifted by NSW Court of Appeal
- Confusion surrounds whether pets are allowed in NSW apartments
Resource for this blog:
Animals in Apartments - https://www.stratachoice.com.au/kb/animals-in-apartments/