Can you provide some clarification of the meaning of we are in principle a no animal scheme?
Some by-laws are permissive and some are prohibitive. Sometimes it is difficult for a non lawyer to determine which type it is, and what the ramifications are.
If your by-law is similar to one below then it is permissive and would not be deemed to be a no animal by-law. Similar by-laws have been in operation in the NSW legislation since 1986.
16 KEEPING OF ANIMALS
(1) Subject to section 157 of the Strata Schemes Management Act 2015, 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.
Note :This by-law was previously by-law 27 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 28 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986.
Below are conditions that are generally found to be reasonable and acceptable in Qld by the Qld Government, so would also probably be acceptable in NSW.
“Common conditions
Common conditions bodies corporate may impose on the keeping of animals include:
- The animal is not allowed on the common property, except for the purpose of being taken in or out of the scheme land.
- The animal must be on a lead or adequately restrained while on common property.
- The animal must be regularly treated for fleas.
- The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property.
- The animal be kept in good health and free from fleas and parasites.
- Any animal waste must be disposed of in such a way that it does not create noxious odours or otherwise contaminate the scheme.
- Reasonable steps must be taken to minimise the transfer of airborne allergens from the animal, such as regular vacuuming and/or grooming.
- The committee can withdraw approval for the animal to remain on the scheme if the specified conditions are not complied with.
- The approval only applies to the animal in the application and does not allow the keeping of any additional replacement or substitute animals on the lot.
If you do not comply with the conditions imposed by the committee or written in the by-laws, the committee may withdraw approval for your animal and ask you to remove the animal from the property.”