› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Pets banned mid-purchase › Current Page
Hi Lyn,
This is a very common problem and we have recently been dealing with a very similar case.
Where an owners corporation is governed by model by-law 16 (Option A), an owners corporation must not reasonably withhold its approval. An owners corporation is obliged to consider any request for permission to keep an animal on its merits.
It is not open for an owners corporation to maintain contrary “policies” or “house rules”. Such “policies” have no effect and only registered by-laws can be enforced by the owners corporation.
If an amended by-law to prohibit any animals has been passed, you may be able to revoke the amendment under s157 of the Strata Schemes Management Act on the basis that it is unreasonable and oppressive. There is also High Court authority, which questions the validity of by-laws that are prohibitory rather than regulatory.
We hope that this helps. We know how important it is to be able to keep your pet on premise and we believe that a by-law prohibiting animals is invalid.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500