You may recall the Court win for pet owners living in strata schemes in NSW in 2020 against owners corporations preventing the keeping of pets in apartment. RMB Planning Division explains, that is now Law:
In the case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 the NSW Court of Appeal unanimously determined that a by-law imposing a blanket prohibition on the keeping of animals in a strata scheme contravened s139(1) of the Strata Schemes Management Act 2015 (NSW) and was therefore invalid.
The Court held that the by-law banning pets was "harsh, unconscionable, or oppressive" because “it prohibits an aspect of the use of lots in the strata plan that is an ordinary incident of the ownership of real property, namely, keeping a pet animal”.
That win has now been legislated and it is now unlawful for an owners corporation to refuse the keeping of animals in their strata schemes without good reason.
The Strata Schemes Management Act 2015 has been amended to incorporate new regulations which prescribe a limited list of specific grounds where an owners corporation can refuse a lot owner from keeping an animal in a strata scheme or take steps to remove an existing animal from the scheme.
An owners corporation can now only refuse the keeping of an animal where that animal “unreasonably interferes” with another owner’s use or enjoyment of their lot or common property.
The Strata Schemes Management Regulation 2016 prescribes that an animal causes an “unreasonable interference” if:
- it makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another resident;
- it repeatedly runs at or chases another resident or animal;
- it attacks or menaces another resident or animal;
- it repeatedly causes damage to the common property or another lot;
- it endangers the health of another resident through infection or infestation;
- it causes a persistent offensive odour that penetrates another lot or the common property;
- for a cat
- the owner of the cat fails to comply with a nuisance order issued under the Companion Animals Act 1998;
- for a dog:
- the owner of the dog fails to comply with a nuisance order issued under the Companion Animals Act 1998; or
- the dog is a restricted dog under the Companion Animals Act 1998; or
- the dog is declared to be dangerous or menacing under the Companion Animals Act 1998.
Are you a pet owner having issues with a strata company?
Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.