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Keeping Pets in Strata Schemes

Dogs and cats are quite often treasured members of the family. As pets, they are loyal and doting, and as owners, we love them dearly. They offer therapeutic relief and teach kids the importance of care and compassion.

Within a strata situation, keeping a family pet requires careful consideration and there are laws on the issue. Most schemes adopt a one of the standard bylaws contained in the Strata Schemes Management Act. However your scheme may have unique bylaws on pets, so it is important to check with your Owners Corporation.

Section 16 of the Strata Schemes Management Act 1996 has the most commonly used clause.

Keeping of animals
(1) Subject to section 49 (4), an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal 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.

Essentially, these By-laws state that you are not permitted to keep any pet in your apartment without permission from the owner’s corporation. If you’re a tenant, some tenancy agreements also state that you must have the landlord’s permission before you can keep a pet.

The By-laws, however, can’t prevent you from keeping a guide dog or a hearing dog.

So what are some reasonable grounds for refusing an owner’s request to keep a pet?

The owner’s corporation might consider the pet too large for the apartment block. It might be a noisy breed, or known for its aggressive, intimating or destructive behaviour.

Some apartment owner’s deliberately purchase properties in a block, knowing that it’s a pet-free zone. Therefore it would be unreasonable to grant permission to a new owner, when the block has been unofficially deemed as such.

If you believe that the owner’s corporation has unreasonably denied you permission to keep a pet, you may plead your case to the Consumer, Trader & Tenancy Tribunal (CTTT).

At The Strata Agency, we advise that before you purchase a pet, consult with your owner’s corporation and receive the important written permission to do so. The last thing you want is to bring your new pet home to your apartment, only to be told you can’t keep it. When selecting a pet, make sure it’s appropriate to your lifestyle, the size of your apartment and the surrounding property grounds and the general area.

It’s also important to remember, that even after you’ve been granted permission from the owner’s corporation and your pet is settling into its new home, your neighbours can file a complaint with the owner’s corporation if the pet disturbs their enjoyment of the property. This could include continual barking, which violates noise restrictions or if the pet becomes a genuine nuisance.

If you have any questions about strata living, feel free to call your strata manager at The Strata Agency.