Recent changes to the Strata Act legislation, prevents Strata Schemes with the Owners Corporate and manager, from un-reasonably refuse consent for a Pet.
What is reasonable or unreasonable? Under Section 137 recent changes, Strata Scheme cannot have a bylaw to ban all pets. The Strata Scheme can now, only refuse written consent for a pet, based on serious safety or nuisance grounds. For example, a rottweiler dog, a breed to attack, would be deemed as serious safety concerns and reasonable grounds to refuse written consent.
Recent Tribunal case, Yardy v Owners Corporation [SP 57237, 2018], ruled that a barking normal dog is not grounds for refusal or removal, unless the barking is loud and excessive enough, for numerous complaints. Mr Yardy, with his maltese cross terrier, Baxter, won against the Owners Corporation, who tried to set up a By-Law to ban all pets.
Now with more people living in beds apartments, and pets deemed as good company for apartment occupiers. A Strata Scheme now cannot ban Paris Hilton’s little cut dog from the apartment and seams scheme.
|Paul McKenzie – CEO / Principal & Author – Property & Conveyancing Made Easy
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