Understanding NSW’s 1st Nov 2024 Pet Reform Laws & ‘Unreasonable Interference’ Rules in Strata

Introduction

Since 1 November 2024, new pet reform laws have transformed how strata schemes in New South Wales manage pet ownership. These changes align community and strata regulations, providing clear standards for what constitutes unacceptable pet behaviour and ensuring a consistent approach across all schemes.

Understanding these changes is essential for both pet owners and managing bodies within strata schemes, as they outline the rights and responsibilities involved in keeping pets while maintaining the comfort and convenience of all occupants. This guide explores the implications of these introduced regulations, helping community schemes and pet owners navigate the updated landscape effectively.

Interactive Tool: Check If Your Strata Pet Rules Meet 2024 NSW Laws

An Overview of the NSW Pet Reform Laws for Strata Schemes

Effective Date & Legislative Framework

The pet reform laws for strata schemes in New South Wales came into effect on 1 November 2024. These changes were introduced under the Community Land Management Amendment Act 2024 (NSW) and the Community Land Management Amendment (Pets) Regulation 2024.

This legislative framework was established to harmonise the rules for community, precinct, and neighbourhood schemes with the existing laws governing strata schemes. The amendments provide:

• Clear definitions and enforcement guidelines concerning pet ownership
• Reference to standards set by the Companion Animals Act 1998 (NSW)

The Purpose Behind the Strata Pet Reforms

The primary goal of these reforms is to minimise conflicts related to pets and foster a more harmonious living environment within strata communities. By establishing clear standards for what constitutes “unreasonable interference,” the laws aim to balance the rights of pet owners with the peace and comfort of all other residents.

These changes also provide Owners Corporations and strata managers with definitive guidelines for creating and enforcing by-laws. This ensures that:

• Mutual respect is promoted and disputes are reduced
• Pet ownership does not compromise the well-being of the wider community

Defining Unreasonable Interference by Pets in Strata

Persistent Noise Disturbances

Under the new laws, a pet causes unreasonable interference if it makes a noise that persistently disrupts the peace, comfort, or convenience of another occupant in the strata scheme. This includes situations such as:

• Constant barking or howling that unreasonably affects the ability of other residents to enjoy their property.
• Any other persistent noise where the key factor is its ongoing nature and the impact on others.

Aggressive Behaviour & Menacing Actions

A pet’s behaviour is also considered an unreasonable interference if it involves aggressive or menacing actions. These actions are defined by specific behaviours that threaten the safety and well-being of the strata community, including:

• Repeatedly running at or chasing another resident, a visitor, or another animal.
• Attacking or otherwise menacing another occupant, their visitor, or their animal.

Repeated Damage to Strata Property

Unreasonable interference also covers situations where a pet repeatedly causes damage to property within the strata scheme. This applies to:

• Common property managed by the owners corporation.
• The private lot of another resident.

Examples of such damage can range from destroying landscaping to scratching walls.

Health & Sanitation Risks

A pet can cause unreasonable interference by creating health and sanitation issues for other residents. The regulations identify two main types of risks in a strata setting:

• Causing a persistent and offensive odour that penetrates another lot or common property, negatively affecting the living environment.
• Endangering the health of another occupant through the spread of infections or infestations.

When a Strata Scheme Can Refuse a Pet

Pets Subject to Nuisance Orders

A strata scheme can refuse a pet if it is subject to a nuisance order issued under the Companion Animals Act 1998 (NSW). Such an order is typically issued when a pet’s behaviour, like persistent noise or property damage, consistently disrupts the peace and comfort of the community.

The legislation provides specific grounds for refusal based on these orders:

• Cats: A strata scheme can refuse a cat if its owner fails to comply with a nuisance order made under section 31 of the Companion Animals Act 1998 (NSW).
• Dogs: Similarly, a dog can be refused if its owner does not comply with a nuisance order issued under section 32A of the same Act.

Dangerous, Menacing or Restricted Dogs

To ensure the safety of all residents, a strata scheme is permitted to refuse dogs that have been officially classified as dangerous, menacing, or belong to a restricted breed. These classifications are not subjective but are formally defined under the Companion Animals Act 1998 (NSW).

A dog can be lawfully refused if it meets any of the following criteria:

• It is a restricted dog as defined by section 55(1) of the Companion Animals Act 1998 (NSW), which includes specific breeds prohibited from importation.
• It has been declared a dangerous or menacing dog under section 34 of the Companion Animals Act 1998 (NSW) due to a history of aggression or posing a threat.

Updating Strata By-Laws for Pet Ownership Compliance

Reviewing & Amending Existing Strata Management Statements

Strata managers and owners corporations must first review their existing management statements and by-laws to comply with the pet reform laws. This review entails:

• Identifying any provisions that conflict with the updated regulations, such as clauses imposing blanket bans on pets or other unreasonable restrictions.
• Amending or removing these invalid rules so they align with the standards set by the Community Land Management Amendment Act 2024 (NSW).
• Ensuring that any restrictions on pet ownership are reasonable—focusing on preventing “unreasonable interference” rather than imposing outright prohibitions—to reduce the risk of future legal disputes within the strata scheme.

Implementing & Registering New Pet-Friendly Strata By-Laws

After reviewing existing rules, the next step is to create and register new by-laws that are consistent with the pet reform laws and legally enforceable within your strata scheme. The key steps include:

• Drafting new by-laws that clearly define acceptable pet behaviour and establish procedures for managing any instances of unreasonable interference.
• Registering the amended management statement with the appropriate regulatory body to formalise the new rules.
• Communicating with residents to ensure they understand their rights and responsibilities regarding pet ownership in the strata community.
• Ensuring ongoing compliance by regularly monitoring the effectiveness of the by-laws and updating them as needed to address any future legislative changes.

Rights & Responsibilities for Pet Owners & Strata Committees

Protections & Rights for Pet Owners in Strata

Under the new pet reform laws, pet owners in strata schemes enjoy specific rights and protections. A key safeguard is that an owners corporation cannot charge a fee or require a bond for a pet kept within a lot, ensuring residents avoid unfair financial burdens.

Additionally, the regulations provide distinct protections for assistance animals:

• By-laws cannot prevent an assistance animal from performing its duties on a lot or common property.
• Strata schemes are limited in the type of evidence they may request to verify an animal’s status, thereby protecting the owner’s privacy.

Obligations for Pet Owners & Owners Corporations in Strata

Pet owners must ensure their animals do not cause unreasonable interference within the community. To maintain a peaceful living environment, owners should:

• Manage noise, such as barking or howling, to prevent persistent disturbances.
• Prevent aggression by ensuring their pets do not chase, attack, or menace residents, visitors, or their animals.
• Avoid property damage by stopping their pets from repeatedly harming common property or another resident’s lot.
• Uphold health and sanitation by managing health risks (e.g., infections or infestations) and preventing offensive odours from affecting common areas or other lots.

Owners corporations and strata managers, meanwhile, bear responsibility for enforcing these by-laws fairly and consistently. Their role involves addressing breaches and resolving conflicts to facilitate a harmonious community. Effective enforcement and management strategies include:

• Clear communication: Informing residents about by-laws and pet ownership responsibilities through notices and meetings.
• Issuing warnings: Implementing a structured process for penalties and warnings in cases of repeated violations.
• Mediation services: Organising facilitated discussions or engaging neutral third-party mediators to settle disputes amicably.

Conclusion

The NSW pet reform laws provide a clear framework for managing animals in strata schemes by defining unreasonable interference and outlining the specific circumstances under which a pet can be refused. These regulations balance the rights of pet owners with the responsibilities of owners corporations, requiring updated by-laws to ensure a harmonious living environment for all residents.

To ensure your strata scheme’s by-laws are fully compliant and effectively manage pet ownership, seeking expert legal guidance is essential. Contact PBL Law Group today for trusted expertise in strata law; our specialised services can help you navigate these reforms and foster a fair and harmonious community in your strata scheme.

Frequently Asked Questions