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It’s that time of year again. Our friends at Pet Insurance Australia have issued a list of the top pet names trending in 2022. With some all-time favo
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Hi Jimmy, interesting information. I honestly thought you were going to segue into the latest news on pets in apartments. Well, let me fill you in.
On page 39 of the NCAT Annual Report 2021-2022 released last week, you will find a summary of what NCAT calls a Significant Decision – Bruce v Owners – Strata Plan No. 98803. It’s a decision for pet lovers in strata. It’s so significant that it’s the only strata decision that NCAT highlights out of 1,438 strata [attachment file=”Cute dog photo.jpg”]
decisions.
The owners were refused permission to keep a second French Bulldog, Peaches, in addition to their current French Bulldog, Zodiac, because the Strata Scheme had a “one dog” policy. They thought they were on safe ground because they allowed pets (as they must under the revised laws which prohibit blanket refusals).
But NCAT (the Tribunal) flipped the script. The Tribunal not only permitted Peaches to join Zodiac but said that no blanket rules are valid against numbers of animals. The correct approach is to look at the particular animal and decide if giving permission “would unreasonably interfere with another occupant’s use or enjoyment of the lot or common property”.
The decision is particularly interesting for the conditions for permission the Tribunal ordered.