PROPERTY & YOU – BY PAUL MCKENZIE, ABS CONVEYANCING
Changes to the Strata Act legislation, in recent years, now prevents strata schemes with the Owners Corporate and strata manager, from un-reasonably refuse consent for a Pet.
What is reasonable or un-reasonable? Under Section 137B of the Strata Schemes Management Act legislation (as amended), strata schemes cannot have a by law to ban all pets.
The Strata Scheme with the strata manager, can 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.
Small pets now considered normal part of strata schemes, and good company, especially for people living alone, families and seniors. A Strata Scheme now cannot ban Paris Hilton’s little cute dog from the apartment and strata scheme.
Such provisions have been upheld, in the 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.
