First of all, let’s be clear on this – while there are ‘model’ by-laws that govern all sorts of things, including pets, they differ from state to state and even within one jurisdiction, they can vary from strata scheme to strata scheme, dependiong on when the strata plan was formed and what changes have been made to the by-laws since that time.
The only way to know what by-laws prevail in your scheme – whether it’s a high-rise block or a townhouse development – is to look at YOUR current by-laws. No other by-laws have any bearing on your strata scheme. End of story.
Two things to remember are that in all states and territories, there a clauses that mean you can’t ban guide dogs or other disability assistance animals.
Also, there is always the option for owners to adapt, amend and overturn by-laws although even then there are variations; for instance in the ACT the pet rules are actually part of the law so they can’t be changed by the Owners.
As we said before – the only way to know the by-laws that apply in your scheme is to read them. However, the following will give you a sense of the starting point and the general thrust of the by-laws, state by state.
NSW
The situation is NSW is more confused than most with two sets of model by-laws (one of which offers three options).
The Fair Trading publication Strata Living has a set of ‘model’ bylaws which include this:
16. Keeping of animals
An owner or occupier must not keep an animal unless they have the written permission of the owners corporation. The owners corporation must not unreasonably refuse permission to keep an animal.
However there is also a document called Schedule 2, which is also a set of model bylaws and it has this:
17 Keeping of animals
Note: Select option A, B or C. If no option is selected, option A will apply.
Option A
(1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
Option B
(1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
(3) If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:
(a) notify the owners corporation that the animal is being kept on the lot, and
(b) keep the animal within the lot, and
(c) carry the animal when it is on the common property, and
(d) take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.
Option C
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.
VICTORIA
In Victoria, the model rules take a different tack, assuming that animals are allowed unless the Owners Corporation either has a problem with the animal or adopts a different by-law. This is what their model rules say:
Sch.2(4) If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.
(5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.
(6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.
But remember, Owners Corps in Victoria can also change that if they so desire. It’s not set in concrete.
QUEENSLAND
In Queensland they take a different tack again, which is more like the NSW position of not allowing animals without prior written permission
11 Keeping of animals
(1) The occupier of a lot must not, without the body corporate’s written approval—
(a) bring or keep an animal on the lot or the common property; or
(b) permit an invitee to bring or keep an animal on the lot or the common property.(2) The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property.
SOUTH AUSTRALIA
In South Australia it’s a bit more complicated with two sets of laws, basically pre and post 1996.
The pre ’96 law says this:
Subject to the Strata Titles Act 1988, a person bound by these articles must not, without the strata corporation’s consent, keep any animal in, or in the vicinity of, a unit.
The post ’96 Community Titles Act merely says that the strata plan must have by-laws that reflect the way the community is to be run. In both cases, the owners Corps can change by-laws subject to the usual approvals and conditions.
TASMANIA
Tasmanian model by-laws are the more restrictive variety
Subject to subclause (2), the occupier of a lot must not, without the body corporate’s written approval:(a) bring an animal onto, or keep an animal on, the lot or the common property; or(b) permit an invitee to bring an animal onto, or keep an animal on, the lot or the common property.
Subclause 2 is the exemption for disability assistance animals.
WESTERN AUSTRALIA
In WA, the approach is different again – you can have an animal until you are told to get rid of it by the strata council.
By-law 12 A proprietor, occupier or other resident shall not –
(c) subject to section 42(15) of the Act, keep any animals on the lot that he owns, occupies or resides in or the common property after notice in that behalf given to him by the council.”Again, this is a model or standard by-law but in WA, standard by-laws apply unless the Owners Corporation has created and registered their own by-laws.
ACT
The ACT has recently made it’s pet rules part of the Unit Titles Act 2011 under which strata operate there. This means that the Owners Corporations can’t change the by-laws to allow or ban pets in any way that contravenes this section of the law.
32 Animals—owners corporation’s consent
(1) A unit owner may keep an animal, or allow an animal to be kept, within the unit or the common property only with the consent of the owners corporation.
(2) The owners corporation may give consent under this section with or without conditions.
(3) However, the owners corporation’s consent must not be unreasonably withheld.
Note An owner or occupier of a unit may apply to the ACAT to resolve a dispute with the owners corporation about keeping an animal, or allowing an animal to be kept (see s 126).
Northern Territory
IN the NT, permission for pets has to be given by the Owners Corporation.
2. (4) A member of the corporation shall not:
(f) Except in accordance with the permission given by a majority resolution of the corporation, keep any animals or birds in or on his unit or the common property.”
However, this is a model by-law that can be changed by the Owners Corporation.