• Creator
    Topic
  • #11800

    STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 2
    SCHEDULE 2 – By-laws for pre-1996 strata schemes (Clause 35)

    16 Keeping of animals – 
    Subject to section 49(4) of the Act, an owner or occupier of a residential lot must not keep
    any animal on the lot of common property.

    Hi all, I bought a unit in NSW with the above bylaw, the original bylaw option A was repealed 6 years ago and replaced with the above. I will put a motion forward at the next AGM to change this to a ‘pets with approval’ option with many attractive conditions. I expect more than 25% will object and expect to take it to NCAT. What hope do I have that an adjudicator will consider this bylaw to be harsh, unreasonable and oppressive? Under this bylaw I can’t even keep a goldfish. Have there been precedents I can quote? Is there a database I can search to find any to present at mediation? I knew what I was buying into but I hoped in time that the feeling would change in this climate of modernised bylaws. Thanks in advance.

Viewing 7 replies - 1 through 7 (of 7 total)
  • Author
    Replies
  • #30102
    Jimmy-T
    Keymaster

      I would think that to make that fly at NCAT, you would probably have to show that more than 50 percent of the building was in favour of pets – otherwise it would just be one owner saying everyone is marching out of step except them.

      That could be shown by the vote for your by-law at the AGM, which is why you need to campaign hard, even though you know you’re going to lose.

      All though I am strongly in favour of pets in buildings, I also believe that people have the right to choose to live in a building that doesn’t allow animals.

      Think about it: those people could argue just as validly that a by-law that allowed pets discriminated against them. 

      Their argument would be that if you were hoping to have a pet some day, you should have bought into a block that already allowed them.

      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.
      #30116
      StM@lo
      Flatchatter

        Subject to section 49(4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot of common property.

        Hello Petfriendly!

        your question specifies common property.

        your apartment is NOT common property!

        ARE you permitted to keep an animal in your LOT?

        Some pedantic strata committee’ require a pets to be carried over common property, happy to be corrected, however my understanding in NSW is that a strata organisation cannot unreasonably refuse to allow you to keep a pet!

        #30117

        Hi there thanks so much for replying. I just checked, it’s a typo, meant to be or, not of. I wish it was the case. I believe they can’t be unreasonable in a refusal but this is only if there is the option whereby you can apply to have a dog. In my situation, I don’t even have the option to apply as it is a flat out No animal bylaw. I’d have to get that changed to a ‘pets with approval’ option and I doubt I’ll succeed. Thanks so much for trying 🙂

        #30118
        Jimmy-T
        Keymaster


          @Rosebank91220
          said:
          Subject to section 49(4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot of common property.

          The correct wording is “on the lot OR common property” not “of”.

          The current wording of the by-law is below …

          Some pedantic strata committee’ require a pets to be carried over common property, happy to be corrected …

          These are not “pedantic committee” rules. Regardless of how pedantic they are, committees can’t pass by-laws – that requires a 75 percent vote of owners at a general meeting. 

          And if the rules or by-laws are in place, then there’s nothing “pedantic” about enforcing them.  That’s just good management. If the by-law doesn’t suit the building then the owners should change it.

          … however my understanding in NSW is that a strata organisation cannot unreasonably refuse to allow you to keep a pet!  

          No so.  It’s only where the pet by-law in a specific scheme allows pets, subject to the permission of the owners (as represented by the committee), that permission may not be unreasonably refused.

          That’s why a lot of schemes have brought in blanket “no pets” by-laws, as they are entitled to do, because that takes care of the “reasonable” test.

          Now, if the owners haven’t changed that by-law then they have to provide a reasonable reason for any decision to refuse a pet – and “we have never had pets before” is not  a good reason, it’s just a question of history.

          But it is wrong to say that pets can’t be unreasonably refused in NSW – that only applies to schemes that have that contingency in their by-laws, and by-laws differ from scheme to scheme.   

          Schedule 2 by-laws for pre 1996 schemes (in 2016 Regs)

          16   Keeping of animals

          (1)  Subject to section 157 of the Strata Schemes Management Act 2015, an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal on the lot or the common property.

          (2)  The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

          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.
          #30119
          Miranda
          Flatchatter

            This is possibly of no use to people in NSW but we in Vic have recently had this legislation passed..

            https://www.vic.gov.au/rentfair/pets-are-welcome.html

            It means that only Landlord approval must be sought.

            If it hasn’t happened in NSW yet then I hope it will soon as pets are so important to those of us who love them  (and are responsible).

            My apartment block has 2 lots of dogs …..   2 well-behaved Chis in one flat,   1  American Staffy in another, and none of them cause the slightest trouble. 

            #30121
            scotlandx
            Strataguru

               Miranda – a landlord can’t consent to an animal being kept if the strata scheme’s rules don’t allow it. The legislation you refer to does not override that.

              #30122
              Jimmy-T
              Keymaster

                @Miranda said:
                we in Vic have recently had this legislation passed … it means that only Landlord approval must be sought.

                I’m not sure that would have the effect you are suggesting in a Victorian strata scheme where, for instance, there is a rule (by-law) that doesn’t allow animals.

                The Victorian model rules assume permission for animals but allow for them to be removed if they prove to be a nuisance.  However, it seems to me that, just as in NSW, different schemes can pass their own rules provided they aren’t discriminatory or contradict or contravene other laws.

                The Pet Are Welcome change seems to relate to rental properties only, in that the tenant only has to inform the landlord who can’t refuse unless they have a good reason for doing so.

                I would think a rule banning or restricting pets in a strata building would be an acceptable reason for refusal.

                The point I’m making is that this change in the law doesn’t change anything in apartments, except that landlords can’t refuse pets in blocks where owners are allowed to have them.

                And to reiterate – I am totally in favour of people having well-behaved pets in apartments.  But I respect the right of people to choose to live in buildings that don’t allow pets. 

                There are enough of both around for owners and tenants to have a pretty free choice.

                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.
              Viewing 7 replies - 1 through 7 (of 7 total)
              • You must be logged in to reply to this topic.