Keeping pets in NSW strata properties can be complex due to changing strata laws and regulations. This guide examines the current rules for pet ownership in strata schemes, focusing on the rights of residents and the authority of owners corporations. Whether you’re a pet owner or considering getting a pet, it’s crucial to understand these guidelines to maintain a peaceful living environment and uphold your responsibilities within the strata community.
Pets Allowed in Strata: Current NSW Strata Laws
Pets are allowed in NSW strata properties. Owners corporations cannot impose blanket bans on pet ownership. The key requirement is that pets should not unreasonably interfere with another resident’s use and enjoyment of their lot or common property.
The Cooper v The Owners – Strata Plan No 58068 case set a significant precedent. The court ruled that by-laws completely prohibiting pets are invalid. This decision was based on several legal principles:
- Strata lot owners possess freehold estate rights, including pet ownership.
- Blanket pet bans are considered oppressive and invalid.
- Such bans infringe on property rights without providing substantial benefits to other owners.
- They also restrict the use and enjoyment of one’s property.
Any by-law attempting to prohibit or restrict the keeping of animals within lots or the common property is invalid, regardless of unanimous approval by the owners corporation.
The NSW Government has recently introduced 31 reforms to facilitate pet ownership in strata communities and community land schemes. These changes, part of the Strata Legislation Amendment Bill 2023, aim to enhance strata community operations and increase transparency.
Approval Process for Keeping a Pet in Strata Schemes
While pet ownership is generally allowed, there are some procedural steps to follow:
Tenant Requirements
Tenants must obtain their landlord’s permission before keeping a pet. Landlords can refuse without providing a reason. However:
- Pet deposits or higher rental bonds are not permitted.
- Keeping a pet without approval may violate the rental agreement.
To avoid potential issues, always seek landlord approval before bringing a pet into a rental property.
Strata By-laws
Review your scheme’s by-laws regarding pets. While complete bans are invalid, by-laws may include guidelines on:
- Keeping pets within your property
- Supervising pets on common property
- Cleaning up after pets in shared areas
Familiarise yourself with these rules to ensure compliance. Note that by-laws cannot require pet fees, bonds, or insurance.
Owners Corporation Approval
Most owners corporations require written notification about pets. Check your scheme’s specific process, which may include providing:
- Pet details (name, type, breed, weight, age)
- A photo
- Vaccination records and microchip number (if applicable in NSW)
Follow the outlined procedures and provide all necessary information for a smooth approval process.
Strata Management and Pet Ownership
Owners corporations must adhere to specific guidelines when evaluating pet applications. If these rules aren’t followed, the pet application is automatically approved. Rejection is only permissible if the pet causes ‘unreasonable interference,’ such as in cases of restricted breed dogs or those declared dangerous or menacing. Decisions must be made within a reasonable timeframe.
Unreasonable interference occurs when a pet’s behaviour negatively impacts other residents or animals. This can manifest in various ways, including persistent noise that disturbs peace and comfort, repeated chasing or threatening of others, frequent property damage, or health risks through infection or infestation. Constant unpleasant odours in shared or neighbouring areas are also considered unreasonable interference.
Additional factors that constitute unreasonable interference include breaching a nuisance order for cats or dogs, dogs classified as dangerous or menacing, and dogs of restricted breeds as defined by the Companion Animals Act 1998. These guidelines ensure a balance between pet ownership rights and the comfort and safety of all residents in the strata community.
Addressing Pet Approval Denials
If the owners corporation denies your pet request and you believe this decision is unreasonable, you have several options for dispute resolution:
Mediation
Mediation is the first step in resolving conflicts with the owners corporation. This process involves:
- A neutral mediator facilitating agreement between parties
- Consent required from all involved
- Binding outcomes
- Services available through NSW Fair Trading and private providers
Adjudication
If mediation is unsuccessful, you can apply for adjudication. An Adjudicator will:
- Review submissions from both sides
- Issue a binding decision
- Potentially allow pet ownership if consent was unreasonably withheld
The Adjudicator’s decision is final and must be followed by all parties.
Appeal to NCAT
If you disagree with the Adjudicator’s decision, you can appeal to the New South Wales Civil and Administrative Tribunal (NCAT). NCAT has the authority to:
- Confirm, alter, revoke, or replace the Adjudicator’s order
- Grant a stay on the original order pending appeal
- Dismiss appeals if the matter was appropriately handled by the Adjudicator
This structured approach ensures fair consideration of all parties’ interests in resolving pet ownership disputes within strata communities. By following these steps, you can effectively address and potentially overturn an unreasonable denial of your pet application.
Living in a Strata Scheme with Pets
The Strata Legislation Amendment Bill 2023 introduced key reforms for pet owners in strata schemes:
- Residents can now keep pets without additional charges
- Owners corporations cannot impose fees, bonds, or insurance requirements for pet ownership
This change provides financial relief and peace of mind for pet owners in strata communities.
Assistance Animals in Strata
Assistance animals have special protections in strata schemes:
- They are permitted to live in all strata properties
- No by-laws can prevent their residence or limit their ability to perform duties
Owners corporations may request evidence to confirm an animal’s assistance status. Acceptable forms of proof include:
- Accreditation evidence as per the Disability Discrimination Act 1992, section 9(2)(a) or (b)
- A statutory declaration confirming training according to section 9(2)(c) of the same Act
- Any other evidence specified by regulations
Importantly, owners corporations are prohibited from requesting private medical records as proof of an assistance animal’s status. These regulations ensure that individuals requiring assistance animals can live comfortably in strata schemes while maintaining their privacy and rights.
Key Takeaway: Understanding Pet Rights in NSW Strata Properties
Pets are generally permitted in NSW strata properties, and owners corporations cannot impose blanket bans on pet ownership. However, this right comes with responsibilities:
- Pet ownership must not cause unreasonable interference with another occupant’s use and enjoyment of their lot
- Owners and tenants must follow proper procedures for pet approval
Key points to remember:
- Owners corporations must not unreasonably refuse to allow an animal
- Tenants need landlord permission before keeping pets
- Familiarise yourself with your scheme’s by-laws on pet management
- Assistance animals have special protections and allowances
If your pet application is denied, you have options:
- Seek mediation through NSW Fair Trading
- Apply for adjudication if mediation fails
- Appeal to NCAT if necessary
Understanding these rights and procedures helps ensure you can enjoy pet ownership within your strata scheme legally and harmoniously. For specific disputes or complex situations, consider seeking legal advice to navigate the process effectively. If you have concerns about another resident’s pet, contact the strata manager or strata committee in writing to address the issue. Remember, many strata residents successfully keep pets without causing any problems, contributing to a diverse and vibrant community.
