Pets – the good, the bad & ugly

oh pets – oh hell. I am experiencing the worst case scenario right now. With good intentions, we gave a green light, pre-purchase, for an owner to bring in 2 “elderly cats”.  This person bought the unit, moved in with their 2 cats, and then all hell broke loose. 

Did anyone mention that elderly cats can be incontinent? Did anyone mention that cats are territorial and will “spray” wherever they can go? And feud with other cats; poop in the herb garden; jump in open windows to anyone’s place not just their own. It goes on. 

A letter was sent to ALL apartment owners asking them to review the conditions of having pets. In hindsight – I would suggest that any apartment wanting a cat NEEDS to have kitty litter as an absolute necessity; that cats are not allowed outside without the owner present at all times (save our wild birds), that bells must be worn by cats when outside.

Dogs are another matter – I would be equally skeptical about them in future.

Simply having permission to keep an animal doesn’t insulate the pet owner from responsibility.  The Act already awards specific powers to NCAT adjudicators to issue orders in the case of permitted animals that then prove to be a nuisance (Section 151).

It’s a long and potentially tortuous process, and one with far from guaranteed success.  But letting the owner know that there are subsequent sanctions available to the Owners Corp, may prompt them to take action.

By the way, only “entire” males spray.  I would be reluctant to approve any cat for an apartment block unless it had been de-sexed.

This is what section 151 says:

151   Order relating to animal kept in accordance with by-laws

(1)  An Adjudicator may make one of the following orders if the Adjudicator considers that an animal kept on a lot or the common property in accordance with the by-laws causes a nuisance or hazard to the owner or an occupier of another lot or unreasonably interferes with the use and enjoyment of another lot or of the common property:

(a)  an order that the person keeping the animal cause the animal to be removed from the parcel within a specified time, and to be kept away from the parcel,

(b)  an order that the person keeping the animal take, within a time specified in the order, such action so specified as, in the opinion of the Adjudicator, will terminate the nuisance, hazard or unreasonable interference.

(2)  An application for an order under this section may be made only by an owners corporation, lessor of a leasehold strata scheme, strata managing agent, an owner, any person having an estate or interest in a lot or an occupier of a lot.

Here is our Plan’s Special By-Law as prepared by yours truly and Registered in 2013, and whilst it places some obligations upon the Owners Corporation (e.g. the Pet Register), as you’ll see it’s intended to ensure that Residents (i.e. Owners and Tenants) have to jump through a few hoops in order to get past first base, it addresses the size of the pet relative to the size of the unit, it covers the often wheeled-out scenario where every pet is claimed to be a “companion animal”, and provides a process to remove any pets that cause a repeated nuisance.

As I said, thus far it’s worked a treat as only committed pet owners, whose pets are consequently cared for and controlled, have bothered jumping through those hoops, and those who have had to produce and pay for a veterinarian’s inspection & letter have done so willingly (most recent cost of which was $215).

Perhaps most importantly, this SBL avoids our Owners Corporation having to say an outright NO to all pets, and to thereby leave that decision open to challenge on the NSW Civil & Administrative Tribunal’s decision-making “chocolate-wheel” by the smarties!

Special By-Law – Keeping of Animals

1. Definitions
In this By Law the following words have the meanings shown hereunder:
Household Pet means a domestic animal such as a dog, cat, bird, or fish that is traditionally kept for domestic purposes.
Pet Register means a register kept with the books and records of the Owners Corporation recording all information the Owners Corporation has received in connection with Household Pets kept on the Strata Plan.

2. Pet Register
The Owners Corporation must establish and keep at all times a Pet Register recording all relevant information it has received in connection with Applications by Owners and Occupiers to keep Household Pets on the Strata Plan.

3. Permitted
3.1 Subject absolutely to:
a. In the case of Occupiers (Tenants), the prior written consent of the Lot Owner (Landlord) to the keeping of any Household Pet on the Lot and;
b. In the case of any proposal to keep any dog on a Lot with a habitable area of less than 150m2, a written statement by a Veterinarian to the effect that he/she has personally, or has had inspected the Lot where the Household pet is proposed to be kept and that the Lot is suitable to humanely keep that dog, and only then;
c. This By-Law;
Owners and Occupiers may keep a maximum two (2) Household Pets on their Lot but may only keep one (1) dog or one (1) cat, with the only exception to that maximum being that the number of fish that may be kept in one (1) aquarium on a Lot is restricted only by the capacity (L) of that aquarium.
3.2 Nothing in this By-Law prohibits the keeping on a Lot or the use on a Lot or on Common Property of:
a. A Guide Dog or Hearing Dog, as permitted by Section 49(4) of the Strata Schemes Management Act 1996 (NSW) or by any Legislation that may from time-to-time replace or amend it; or
b. An Assistance Animal as described in Section 9(2) of the Disability Discrimination Act 1992 or in any Legislation that may from time-to-time replace or amend it, and which under this By-Law is additionally described as being a dog or other animal that is:
i) accredited under a Law of a State or Territory of Australia that provides for the accreditation of animals trained to assist persons with a disability to alleviate the effect of the disability;
ii) accredited by an animal training organisation prescribed by the Disability Discrimination Regulations 1996 or in any Legislation that may from time-to-time replace or amend it ; OR
iii) professionally trained to assist a person with a disability to alleviate the effect of the disability, and certified in writing by a Medical Practitioner as being essential to the provision of assistance to the Owner / Occupier making Application under this By- Law, and by a Veterinarian as meeting the standards of hygiene and behaviour that are appropriate for an animal in a public place.

4. Prohibited
The following are not permitted to visit or be kept on any Lot or on any part of the Strata Plan:
a. Any animal that does not satisfy the requirements of Clause 3;
b. Any animal that is or becomes vicious or aggressive;
c. Any dog or cat that is not currently Registered with the appropriate Authority;
d. Any dog which is, or is at any time declared dangerous under the Companion Animals Act 1998 (NSW);
e. any dog which the Australian Government from time to time prohibits from importation into Australia;
f. All poultry; and
g. All reptiles.

5. Application to keep a Household Pet on a Lot
Owners and Occupiers who propose to keep any Household Pet on their Lot must for each individual or different Household Pet make Application in advance and in writing to the Owners Corporation to seek its Consent, with that Application including at least the following information:
1. Everything specified at Clause 3.1a and 3.1b of this By-Law and;
2. for all Household Pets except aquarium fish:
a. its Species; and
b. its Breed; and
c. its Name; and
d. its Gender; and
e. its Veterinarian’s details (name and address); and
3. For all Cats and Dogs:
a. a photograph sufficient for visual identification; and
b. its Microchip Details / Number; and
c. whether it has been spayed or neutered; and
d. evidence of its current Registration with the appropriate Authority; and additionally
e. for those permitted at Cl.3.2, written evidence of the Guide Dog, Hearing Dog, or Assistance Animal’s accreditation, together with the information shown at Cl.3.2 iii) of this By-Law.

6. Consent of the Owners Corporation
Any Consent granted by the Owners Corporation subsequent to an Application under Cl.5 must be in writing, will at least include the Obligations at Cl.7, may include other Obligations and Conditions, and will involve the Owners Corporation including all relevant information on the Pet Register.

7. Obligations of Owners and Occupiers
In relation to any Household Pet except aquarium fish owned or in the care of an Owner or Occupier or owned or in the care of any Visitor or Invitee of an Owner or Occupier, the Owner or Occupier must:
a. Not allow any Household Pet to defecate or otherwise foul the Common Property;
b. Make good, or bear the costs of the Owners Corporation making good, any damage to Common Property caused directly or indirectly by any Household Pet;
c. Ensure any Household Pet is under full control, constrained, and wherever reasonably possible carried when it’s outside the Lot and whilst it’s anywhere on Common Property;
Ensure any Household Pet does not cause any annoyance, disturbance or nuisance to other Owners or Occupiers;
d. Ensure any Household Pet is constrained such that it does not escape from the Lot or enter onto another Owner’s or Occupier’s Lot or onto Common Property;
e. Ensure the living quarters of any Household Pet is maintained in a manner sufficient to prevent food residues, fur, hair, and plumage escaping from the Lot and from vermin breeding within the Lot;
f. Ensure that all waste generated by the presence and/or the keeping of Household Pets is treated and disposed of in accordance with any Conditions contained in a Consent of the Owners Corporation and, without limiting the generality of this By-Law, ensure that:
g. All waste of Household Pets is double-bagged or placed in large, strong bags before disposal in the Plan’s household garbage (but not recyclables) receptacles/; and
h. Ensure litter (e.g. cat litter) is never placed in toilets, and to clear or to pay the Owners Corporation’s costs of clearing any sewer blockage where the cause is identified by a Licensed Plumber/Drainer as being due to the presence of litter.

8. Compliance
In relation to any Household Pet owned or in the care of an Owner or Occupier or owned or in the care of any Visitor or Invitee of an Owner or Occupier, the Owners Corporation may issue a Notice to that Owner or Occupier requesting that Owner or Occupier comply with any Consent of the Owners Corporation and/or with any part of this or any other By-Law of the Plan which the Owners Corporation believes has been breached by that Owner or Occupier.
If the Owners Corporation in its absolute discretion, and after discussions in good faith with an Owner or Occupier, forms the view a Household Pet on a Lot is or has become vicious or aggressive, or on three (3) or more occasions has been reported to the Owners Corporation as causing annoyance, disturbance or nuisance to other Owners and Occupiers, then the Owners Corporation may serve a Notice on the Owner or Occupier of the Lot containing that Household Pet requiring that the Household Pet be permanently removed from the Strata Plan.
Any Owner or Occupier who has received a Notice from the Owners Corporation under 1.8 must comply with the requirements of that Notice within 14 days, and should compliance not occur within that timeframe, the Owners Corporation may pursue such compliance by an Owner or Occupier by all legally available means.

The great thing about this by-law is that it prevents the casual acquisition of pets but doesn’t prevent responsible pet owners from having one if they are prepared to jump through hoops.