#57345
TrulEConcerned
Flatchatter

    The NSW gov’t released what is called the Model By Law for pets. That is, the go-to wording if a strata does not want to draw up its own by law.

    The overarching expectation is that by-law cannot be harsh, unconscionable or oppressive. That is, a resident can no longer have his/her request for a pet be denied by the Owners Corp without reasonable justification.

    The NSW Fair Trading website mentions:

    The model by-laws provide owners corporations with options to control whether pets are allowed, and on what terms. For example, the owners corporation may choose to have a by-law which:

    • allows owners to keep a pet and simply provide 14 days notice from when the pet has started living on the lot owner’s property, or
    • allows a pet with the written permission of the owners corporation and the owners corporation cannot unreasonably refuse permission. If they do refuse, they must give the owner written reasons outlining why the pet is not being permitted.

    In all cases, the lot owner must still supervise their pet, clean any common property that is soiled, and ensure their pet is not noisy or negatively impacting on other residents. In rented strata properties, a tenant always needs to first obtain their landlord’s permission to keep a pet.

    I would expect the Owners’ Corp to ask you to agree in writing to the above terms (or similar terms if it’s preparing its own by law) and then wave the birdie through.
    I cannot see a reason why a caged birdie would be refused. After all, it’s not a large and loud dog with very poor social skills whose behaviour could negatively impact on others in the building.