› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Is it OK now to buy into a “no pets” block › Reply To: Is it OK now to buy into a “no pets” block › Current Page
Hi Jimmy, Could strata plans restrict the type of pets? Allow gold fish or birds but not dogs or cats for example.
I feel you need to appreciate that everyone of these cases over the last year or so has been about a dog.
If you read the Cooper decision then it seems the reasons of the Court are just as applicable to a partially prohibitive by law as much as to a blanket ban.
Take paragraph 81 from the Cooper decision for example:
“It is sufficient that the subject by-law is readily capable of operating in a manner that is “harsh, unconscionable or oppressive”. That it may in some circumstances operate fairly cannot save it from invalidity.”
So if you have a partially prohibitive by law then you tell me;
is it “readily capable of operating in a manner that is harsh, unconscionable or oppressive….”. Of course it could.
You mean a by law like at SP36965 (http://www.billencliffs.org.au/bylaws.html)
- Keeping of animals
The owners or occupiers of the lot shall be entitled to keep any animal upon their lot provided that:
- no dogs or cats, other than assistance animals as prescribed by legislation, shall be allowed upon any lot or the common property;
Interesting this by law ‘applies’ to owners of 2 acre rural lots in a 750 acre SP that is zoned RU1 (primary production).
The by law has no hope if challenge but it will remain on the books until it is invalidated by NCAT because the OC will never vote to repeal it.
You never know, the OC in Cooper might seek leave to have the matter heard in the High Court. So the dust hasn’t fully settled yet.