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I dont know if I fall into ByLaw 16 Option A (“…. Need approval by OC … no unreasonable request will be denied”) or Option C (“no pets). Owners Corp had meeting to vote in Option C. This was registered with Titles on 11 Sept. I exchanged contracts on 4 Aug 2010 and settled on 7 Sept 2010.
In July I viewed my unit at open house. I saw a man carrying small dog into the block and asked him if he lived here and were animals allowed, to which he answered yes to both. The unit I was viewing had a cat living there apparently for a few years so the real estate agent told me. Knowing this I didnt pay particular attention to any changes regarding animals. My solicitors had a strata search dated 6 Aug 2010 advising of the upcoming repeal of By Law. Solicitors did not advise me of this, in fact they werent aware of it until I rang them recently to ask what was on the search.
I wrote letter applying for animals dated 20 Aug 2010. I tend to think this current OC board members have had their own “house rules” to Keeping of Animals as in Meeting Minutes theyve stated “….this block has always been a no pets block” and never gave permission for any request of a pet even though the By Law was under Option A. The OC have now served a Notice to Comply otherwise we go to the CTTT. What are my chances of keeping my 2 small older house dogs? Lyn
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Do strata by-laws supersede acts such as the equal opportunities act or disability act?
Do strata by-laws supersede acts such as the equal opportunities act or disability act?
No, it tends to be the other way round. I can’t think of any law that doesn’t supersede the strata Act (but then I’m not a lawyer).
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Current NSW Legislation in Strata Plans (Section 137B Strata Schemes Management Act 2015) does not allow for an Owners Corporation to reasonably refuse pets. I have seen OC’s go to NCAT who decided that 2 x dogs was not “reasonable” and they lost.
You must however apply for approval via your strata committee.
I have a picture of a goat on a third floor balcony. I think that one would be seen as unreasonble.
Community Title is quickly catching up with some further updates the the legislation expected this year.
It would not be reasonable to refuse a legitimate companion animal that was appropriately registered.
Many, many strata buildings have invalid by-laws about keeping pets. The NSW government has made multiple changes to the strata laws and regulations about pet keeping since 2010. Currently the situation is that pets cannot be prohibited from being kept in any strata Unit, whatever the by-law states, on a general basis. What I mean by that, is that only a pet that creates a real nuisance (or is reasonably and objectively likely to create a nuisance, like a goat in a small Unit), can be prevented or prohibited from being in a strata Unit. The OC must have evidence that the pet is creating a nuisance (they cannot predict or surmise that without a very, very good case), which implies that the pet has to reside in the Unit for a time, for this evidence to be collected.
But keep in mind that a lease from a landlord can prohibit a pet. But if you are an owner, or you rent and your landlord does not object, then keep your pet. If the pet makes a real nuisance while in your Unit, then the OC can take action against you to have the pet removed, but they must collect evidence to present to the Tribunal proving the nuisance. So if that is likely, then you make sure your pet behaves and you need to minimise any nuisance. And you might need to be prepared to defend the action if the OC is foolish enough to commence action, and that costs you time and money…
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