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In our 2009, NSW, 4 apartment strata scheme we very recently passed unanimously and registered a new by-law prohibiting pets. It reads as follows:
17 Keeping of animals
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property other than:
(a) Fish kept on the lot in a secure aquarium or pond of less than one square metre
and
(b) Subject to the prior written approval of the owners corporation, small birds kept
on the lot in a secure cage of less than half a cubic metre.
For the purposes of this clause 17, to keep an animal shall include keeping a visiting animal on the lot or the common property overnight, other than in exceptional circumstances, such as an emergency.Less than a month later, I have heard that the real estate agent selling one of the units with a 26% vote has been telling prospective purchasers who might have pets that under the new NSW strata laws, the by-laws can be challenged or overturned and that they will be able to get approval to keep pets.
Is there any truth at all in this?
What action would you recommend?
There have never been any pets in any of the 4 owner-occupied apartments but we did have trouble with a previous owner allowing a ‘visiting’ dog to stay on a permanent basis – hence the clarification in the last part of the new by-law.