After all the flying fur over the NSW Court of Appeal overturning a blanket pet ban in a Sydney high rise, there has been a fog of misinformation, disinformation and myth.
One of the biggest errors a lot of strata schemes have made is that people think all pets have to be allowed any time anyone wants to bring one into abuilding. Not so.
As this story proved, it was only a total ban on all pets for no reason that was swept away by the Court of Appeal.
Another myth is that all pet by-laws have automatically been rescinded. Not so.
And then there is the other extreme – that you can bring in a by-law that is so intricately restrictive that it effectively bans all pets without actually saying so.
If that sounds like your owners corp, you might want to start saving your pennies for legal fees because if it waddles like a duck and quacks like a duck, a Tribunal is likely to say it’s a waterbird – even if pet ducks aren’t allowed in your block.
There’s a lot of confusion around, especially while we wait for parliament to agree on what the word “reasonable” means when it comes to restrictions on pets.
But meanwhile, you should assume that your by-laws still operate, unlike the committee member whoi thinks pet by-laws don’t apply – or maybe don’t apply to him. That’s HERE.
Elsewhere on the forum
- What happens to a committee quorum if no one even votes – that’s HERE.
- Is it worth pursuing a tenant and a visitor who caused damage in the car park? That’s HERE.
- One of our residents says we should sell to a developer. Is it worth it? That’s HERE.
- Is strata committee approval for a renovation needed before you can get council to pass a DA. That’s HERE.
There are many more new and ongoing discussions on the Forum. Rgister, Log in and subscribe to your favourite topics and you won’t miss a thing.
