#57754
Quirky
Flatchatter

    In NSW the strata law is being amended to make it easier to keep pets…
    “Pets – From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable. ”

    I suggest that after 24 August you write to the strata committee stating that you wish to keep a budgie in your apartment, and that keeping it will not interfere with any other occupants use and enjoyment of a lot or the common property. Ask them to respond within 14 days, and you should get a go-ahead. If they refuse, write back, and draw their attention to (new) Section 137B (which codifies that requirement) of the Strata Schemes Management Act.

    Of course, that requires you make sure that the bird does not interfere with another resident’s enjoyment; by making excessive noise or mess. So be extra vigilant that the bird behaves itself, especially initially. The strata committee might ask you to consent to reasonable conditions, such as controlling any noise or mess, and if those conditions are okay, then agree. But if they try to force unreasonable conditions on you, then refuse, and wait. No strata committee will take legal action which they are sure to lose, because of S137B. The wording of new S137B defaults to allowing you to keep the animal – the strata committee has to prove that keeping the animal is unreasonable. Which for a caged bird that is being looked after, would be hard to do.