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QUESTION: I am the chairman of a small unit block and we wish to amend our pets by-law so that occupants who are owners can have one cat or a small bird or some fish (but not a dog). However, some don’t want tenants not to have any animals at all. Is it OK to distinguish (discriminate?) between owner-occupiers and tenants in this way? – Petronius, North Shore
ANSWER: My friends in strata management say you can discriminate between cats and dogs but not owners and tenants. The Strata Act consistently refers to ‘owners and occupiers’ when it comes to by-laws.
However, your by-law can state that any pets have to be approved by the EC and that tenants have to have the written permission of their landlords before applying to bring a pet into the building.
You could even say permission can only be given at a general meeting. Even if that’s just a formality, transient tenants are unlikely to want to wait till the AGM rolls around.
However, if the tenant is a long-standing resident, why not accord them the same considerations as an owner occupier? Many tenants are better neighbours than some investor owners.
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An Owners Corporation may register its own By-laws, or it may adopt the Schedule 1 By-laws (for schemes registered prior to 1 July 1997) or the Model By-laws (for schemes registered on or after 1 July 1997). In relation to the keeping of pets in a scheme, the Schedule 1 By-laws are different to the Model By-laws.
Three options:
Option A: You must obtain the prior written approval of the Owners Corporation, before keeping any animal, except fish in a secure aquarium, on a Lot or the Common Property. The approval of the Owners Corporation cannot be unreasonably withheld.
Option B: You must obtain the written approval of the Owners Corporation, to keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium) on the Lot or the Common Property.
If you keep a cat, small dog or small caged bird on the Lot then you must:
(a) notify the Owners Corporation that the animal is being kept on the Lot;
(b) keep the animal within the Lot;
(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.The approval of the Owners Corporation cannot be unreasonably withheld.
Option C: No animals are permitted, with the exception of a guide dog or hearing dog.
If no option is selected, then Option A applies by default.
Some Owners Corporations also make “house rules” to be followed by owners and occupiers. These are not enforceable unless they are registered as By-Laws for the scheme with Land & Property Information New South Wales which is part of the Department of Lands.