Hi Cathy,
Thank you for the ‘shout out’ to s.32 of the UTMA! Do you like s. 23? That is a neat paraphrase of the submission I made to the review of the Unit Titles Act in 2010 after we had everything now required by that section to install a PV system to wipe out our OC electricity bill including majority support twice at general meetings in 2009. However, the Act was previously ambiguous about whether a special resolution was required and we did not quite get the numbers for that because a few owners ran a strenuous campaign of misinformation against the proposal.
Anyway, back to animals. Our EC is in the process of drafting a rule (bylaw) on animal keeping to be put to our AGM this year in the ACT. In the current draft, possibly not quite final, it says (formatting not perfectly fixed up) the following. The gist is that you can have just about whatever you like within a unit area (all townhouses) and how you control it is up to you so long as it is not roaming the common property and entering other units. We comply with the Act, which requires permission for even a goldfish by giving the permission via the rule to cover nearly all common situations. However, we don’t preclude the possibility that someone might come up with some unusual and unexpected animal-keeping proposal which might turn out to be quite reasonable after it has been given proper scrutiny.
Draft Rule Keeping of Animals
1) A unit owner, occupier or user of a unit may keep an animal subject to the conditions set out in these Rules.
Note: s.32 of the Unit Titles (Management) Act 2011 states that “a unit owner may keep an animal, or allow an animal to be kept … only with the consent of the owners corporation (which may be given) with or without conditions (but) must not be unreasonably withheld”.
2) Any animal that is deemed by the Executive Committee (EC) to be potentially harmful to the health or safety of others will not be allowed, including any type of dog or other species that is deemed dangerous under any relevant legislation in force in the ACT.
3) A unit owner, occupier or user of a unit who keeps an animal, or allows an animal to be kept, is deemed to have consented to the conditions imposed under these Rules.
Conditions
Approval Process
4) The consent of the Owners Corporation (OC) is granted automatically by this rule for any unit owner, occupier or user of a unit to keep:
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- up to two common household pets (dogs and cats) in the unit as a companion animal(s).
- a sufficiently small number of small animals (such as mice, cage birds, guinea pigs, fish, amphibians or reptiles) in the unit that can reasonably be expected to not cause a nuisance to other residents.
- an assistance animal, such as a guide or hearing dog, used by a unit owner or occupier of a unit or visitor.
5) For any animal not covered by sub-rule 4, including poultry, a unit owner, occupier or user of a unit is required to submit a written request for approval through the managing agent before bringing an animal into the Units Plan.
6) The EC may grant approval, with or without conditions, for an animal not covered by sub-rule 4 to be kept in the Units Plan after consideration of the merits of the proposal but may refuse to grant approval if the applicant fails to provide on request any information that the EC considers relevant, which may include:
- Information about the animal including the breed, weight and standing height, and common characteristics of the species.
- A photograph of the animal.
- Documentation from a veterinarian attesting to whether the animal has been:
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- Desexed
- Micro chipped
- Vaccinated and inoculated for worms and any other parasites as recommended by the RSPCA.
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- Details of how the animal is proposed to be housed or controlled.
Dealing with animal
7) The keeping of animals at XXXXX must comply with the requirements of ACT Government legislation.
Note: At the time this rule was adopted, ACT Government requirements were set out at http://www.tams.act.gov.au/city-services/pets. These requirements include that all dogs and cats must be desexed and micro chipped and that all dogs also must be registered.
The OC also encourages owners, occupiers and users to have animals vaccinated and inoculated for worms and other parasites as recommended by the RSPCA.
8) The animal must stay within the confines of the unit area except when under the control and supervision of a responsible person.
9) The unit owner, occupier or user of a unit must ensure that the animal is appropriately and effectively restrained and under the control of a responsible individual while on common property. This clause is sufficiently flexible to permit off-lead walking and play with appropriately trained dogs or other animals.
Note: The common property does not include the main XXXX public road or its verges… These are a ‘public place’, to which the Domestic Animals Act 2000 applies. S.44 of the Act requires that dogs in public places be restrained by a leash.
10) The unit owner, occupier or user of a unit must ensure that the animal does not soil any part of the common property and is to immediately remove any soiling which may occur on the common property.
11) The unit owner, occupier or user of a unit will be responsible for repairing or making good any harm or damage caused by the animal to any unit or the common property.
12) Sub-rules 8 and 9 do not apply to animals that were accustomed to roaming unaccompanied beyond the unit boundaries before this Rule was adopted and have been included on a ‘grandfathering’ list compiled by the EC.
Dealing with bad behaviour
13) The EC may require the removal of any animal if it determines that the animal’s behaviour or condition causes a nuisance or a threat to the health or safety of other occupants or animals in the Units Plan or unreasonably interferes with the use and enjoyment of another unit or of the common property.
Note: If a unit owner, occupier or user of a unit believes that an animal at another unit is causing nuisance through noise or other means, they should, if possible, try to resolve their concerns directly with the owner of the animal. If this is unsuccessful then they can pursue the matter through provisions of ACT legislation on animal welfare, animal keeping, neighbour disputes, noise and nuisance. If the EC believes it is appropriate to pursue the matter through enforcing the OC Rules, then Rules 6, 7 and 8 may also be relevant.
14) Before removal of any animal, there must be repeated substantiated complaints by neighbours or other unit owners, occupiers or users of units regarding the animal causing a nuisance or threat to other occupants or animals or unreasonably interfering with the use and enjoyment of another unit or of the common property.
15) Any decision made by the EC that an animal must be removed from the Units Plan must be presented in writing to the unit owner, occupier or user of the unit.
16) If the unit owner, occupier or user of the unit fails to comply with any of the conditions in these Rules, the OC may revoke approval and require removal of the animal.