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[Fromthenorth]

Hi,

I am thinking of buying a unit in inner Melbourne and bringing a small dog.

What is the current status in Victoria for strata by laws preventing pets on premises ?

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[Austman]

You have to check your Owners Corporation’s registered rules [for that specific strata scheme].

But by default the model OC rules allow pets in OCs in Victoria.

The default model rules however state:

(4) If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.

(5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.

(6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.

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[Fromthenorth]

Thanks for this.

So can OCs rules say dogs are not allowed ie. is this legal ?

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[Austman]

@Fromthenorth said:
Thanks for this.

So can OCs rules say dogs are not allowed ie. is this legal ?  

Here is a VCAT case that you can find widely quoted in the media, by strata organizations and legal firms:

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2016/1312.html

An OC has very limited authority to make rules that prohibit pets.  But if they cause a nuisance it becomes a different matter.

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[Fromthenorth]

Thanks for this additional information.

For this case, the OCs registered their rules. So is there a website where you can read an OC’s rules ?

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[Austman]

@Fromthenorth said:
Thanks for this additional information.

For this case, the OCs registered their rules. So is there a website where you can read an OC’s rules ?  

Indeed there is.

In Victoria, OC rules must be registered and you can get a copy from landata:

https://www.landata.vic.gov.au/

The cost is currently $7:30.

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[Jimmy-T]

@Austman said:

Indeed there is.  In Victoria, OC rules must be registered and you can get a copy from landata: https://www.landata.vic.gov.au/ The cost is currently $7:30.  

I have been doing this for more than 12 years now and I learn something new every week.  I did not know this. Now I wonder if we have that in NSW?

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[Lady Penelope]

See this document “Where can I find the by-laws” from the NSW Land Registry Services:

https://www.nswlrs.com.au/about_nswlrs/strata_scheme_questions/strata_scheme_laws

The plans and/or registered by-laws can be purchased via a listed approved information broker.

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