Introduction

Navigating the rules about keeping pets in strata properties in NSW can be challenging, especially with evolving legal landscapes. This article addresses the crucial question of whether pets are allowed in NSW strata properties and explores the rights and limitations imposed by the owners corporation. Understanding these regulations is essential for current and prospective pet owners, ensuring a harmonious living environment within the strata community while keeping in mind your rights and responsibilities.

Are Pets Allowed in NSW Strata Properties? Can the Owners Corporation Ban Pets in Strata?

Yes, pets are allowed in strata properties. An owners corporation cannot prevent you from having a pet unless the pet causes ‘unreasonable interference’, which essentially means that your pet should not disturb other residents.

In the landmark case of Cooper v The Owners – Strata Plan No 58068, the court ruled that by-laws creating a blanket ban on pets are invalid. The court’s decision was based on several key legal points. Owners in a strata scheme hold a freehold estate, meaning each lot owner has property rights, including the right to keep a pet. A by-law that entirely prohibits pets is considered oppressive and invalid, as it prevents lot owners from exercising their property rights without providing any significant benefit to other owners, as well as prevents their use and enjoyment of their property. Any by-law that seeks to ban pets within a lot or common property is not valid, even if it was unanimously passed by the owners corporation.

Recently, the NSW Government has introduced 31 reforms designed to make it easier for people and their pets to live in a strata community or a community land scheme. These changes, part of the Strata Legislation Amendment Bill 2023, aim to improve how strata communities function and increase transparency.

Legalities to Keep Pets in a Strata Scheme: Pet Approval Process

While neither the owners corporation nor your landlord can outrightly prohibit you from keeping pets, there are a few procedural formalities you may be required to fulfil before you can bring your pet home.

Tenants Must Ask for Landlord’s Permission

If you are in tenancy, it is essential to get your landlord’s permission before keeping a pet at the property. Your landlord has the right to decide whether pets are allowed, and they can refuse permission without needing to provide a reason.

Landlords are not permitted to ask for a pet deposit or charge a higher rental bond for tenants who want to keep a pet. However, if you keep a pet without your landlord’s approval or against their decision, you may be violating your rental agreement. This could lead to your landlord asking you to remove the pet or, in some cases, move out of the property.

Therefore, it is crucial to seek and obtain your landlord’s permission before bringing a pet into a rental property to ensure you remain in compliance with your rental agreement.

Go Through the Strata By-laws on Pet Ownership

Owners corporation or strata management can set their own by-laws regarding pets, so it is essential to review your scheme’s by-laws. While they can establish guidelines on pet ownership, by-laws that completely ban all pets or restrict them based on size, type, or quantity are not valid, as held in Cooper v The Owners – Strata Plan No 58068.

By-laws typically address how pets should be managed within the strata community. This often includes rules such as:

• Keeping the animal within your property
• Supervising the animal when on common property
• Cleaning up after the animal on common property

Make sure to familiarise yourself with these rules to ensure compliance. Importantly, by-laws about pets cannot require you to pay a fee, bond, or insurance for keeping a pet. Understanding and adhering to these by-laws helps maintain a harmonious living environment within the strata scheme.

Apply to the Owners Corporation

If you have a pet or are planning to get one, most owners corporations will require you to notify the secretary or strata manager in writing. It’s important to check your scheme’s by-laws to understand the specific process and information required for approval. Typically, the owners corporation may ask for details such as:

• The pet’s name, type, breed, weight, and age
• A photo of the pet
• Pet vaccination records and a microchip number (if your pet needs these in NSW)

Make sure to follow the outlined procedures and provide all necessary information to ensure your application is processed smoothly.

Can Owners Corporation Refuse Pets or Deny Permission to Keep Pets?

Owners corporations must adhere to specific rules when deciding on pet applications. If these rules are not followed, your pet application will be automatically approved.

The owners corporation can only reject a pet if it causes ‘unreasonable interference.’ Examples of this include dogs that are a restricted breed or have been declared dangerous or menacing. The decision on your application must also be made within a ‘reasonable timeframe.’

Unreasonable interference means that the pet has behaved in ways that negatively impact other residents or animals. This could include:

• Making constant noise that disrupts the peace, comfort, or convenience of other residents
• Repeatedly running at or chasing other residents or animals
• Attacking or threatening other residents or animals
• Frequently causing damage to common property or someone else’s property
• Risking the health of other residents through infection or infestation
• Causing a constant unpleasant smell in common areas or other properties

Additionally, it is considered unreasonable interference if:

• The owner of a cat or dog breaches a nuisance order placed on the animal
• A dog is classified as dangerous or menacing
• A dog is a restricted breed under the Companion Animals Act 1998

What to do if the Owners Corporation Refuses Your Pet?

If the owners corporation has denied your request to keep a pet and you believe this decision is unreasonable, there are several steps you can take for dispute resolution:

Mediation

The first step in resolving a dispute with the owners corporation is mediation. This involves a neutral mediator assisting both parties in reaching an agreement. All parties must agree to the mediation process, and the outcome is binding. Mediation services are available through NSW Fair Trading, among other private providers.

Adjudication

If mediation does not resolve the issue, you can apply for an adjudication. An Adjudicator will review the submissions from both sides and issue a binding decision. The Adjudicator may allow you to keep your pet if it is found that the owners corporation has unreasonably withheld consent, provided the lot owner consents if you are not the owner. The Adjudicator’s decision is final and must be adhered to by all parties.

Appeal to the New South Wales Civil and Administrative Tribunal

If you believe the Adjudicator’s decision is unfair, you can appeal to the New South Wales Civil and Administrative Tribunal (NCAT). The NCAT has the power to confirm, alter, revoke, or replace the Adjudicator’s order. You may also request a stay on the original order until the appeal is decided. The NCAT will dismiss the appeal if it determines the matter was appropriately handled by the Adjudicator.

By following these steps, you can effectively address and resolve issues if the owners corporation denies your pet application.

Do You Have to Pay Fee or Bond to Keep a Pet? 

One key reform introduced by the Strata Legislation Amendment Bill 2023 is that strata residents can now keep pets without being charged a fee, bond, or insurance by the owners corporation. This change provides peace of mind for pet owners. 

Are Assistance Animals Allowed in Strata? 

Assistance animals are permitted to live in strata schemes, and no by-laws can prevent them from doing so. Any rule that limits the ability of an assistance animal to perform its duties within a lot or on common property is not allowed.

Owners corporations can request specific evidence to confirm the status of an assistance animal. To verify the status of an assistance animal, a by-law may require the owner to provide:

• Evidence of accreditation as per the Disability Discrimination Act 1992, section 9(2)(a) or (b).
• A statutory declaration confirming the animal’s training according to the Disability Discrimination Act 1992, section 9(2)(c).
• Any other evidence specified by the regulations.

However, owners corporations cannot ask for private medical records as proof.

Key Takeaway: Strata Committee Cannot Refuse Pets Without Reason

In summary, pets are allowed in NSW strata properties, and owners corporations cannot enforce a blanket ban on pets. However, pet ownership must not cause unreasonable interference with other residents. Knowing the procedural formalities and your rights, including steps to take if your pet application is denied, ensures that you can enjoy pet ownership within your strata scheme legally and harmoniously. For personalised guidance or to address specific disputes, contact our law firm today!