Living in a strata community comes with its own set of rules and guidelines, and one topic that often sparks discussions is pets. Understanding the regulations around keeping pets in strata properties is crucial for harmonious communal living. In this blog post, we'll explore the ins and outs of pet ownership in strata communities in New South Wales (NSW) and provide key information on how to navigate the process.
The Low-Down
An owners corporation cannot prevent you from getting or owning a pet unless it causes 'unreasonable interference.'
No fees, bonds, or insurance can be charged by the owners corporation for keeping a pet. An administration fee may be charged by your strata manager.
If you're a tenant, your landlord has the authority to decide whether you can keep a pet.
Owners corporations may require you to inform them in writing before getting a pet.
Specific By-Laws for Pets
Owners corporations can create their own rules for pets, typically outlined in by-laws.
By-laws banning all pets are not valid, and restrictions based on size, type, or quantity may also be invalid.
Information required for pet approval may include the pet's details, photo, vaccination records, and microchip number.
It's worth noting the recent Strata Legislation Amendment Bill 2023 introduced some changes so owners corporations who haven't reviewed their by-laws in a while may need to get them updated.
Unreasonable Interference and By-law Breaches
Unreasonable interference includes behaviors that disrupt residents' peace, comfort, or convenience.
By-law breaches, dangerous dog classifications, or breaches of nuisance orders may lead to unreasonable interference.
Landlord Permission for Tenants
Tenants need permission from landlords to own pets, and landlords can refuse without providing a reason.
Landlords cannot ask for pet deposits or charge higher rental bonds for tenants with pets.
Strata Dispute Resolution and Eviction
Owners corporations cannot evict residents but may attempt to remove pets causing unreasonable interference.
Proper processes, including issuing a 'notice to comply' and free mediation through NSW Fair Trading, must be followed.
If unresolved, the dispute can be taken to the NSW Civil and Administrative Tribunal (NCAT) to seek removal of the pet.
Complaints and Nuisance Orders
Residents with concerns about other pets should first discuss the issue with the pet owner.
Internal dispute processes or strata committees may be available for dispute resolution.
If by-law breaches persist, the Tribunal or local council can be involved to issue nuisance orders.
Assistance Animals
Assistance animals cannot be banned, and by-laws affecting their duties are not allowed.
Owners corporations may request evidence of the animal's accreditation or training standards without asking for private medical records.
As a responsible pet owner residing in a strata community, practicing common courtesy is paramount to maintaining a positive living environment for everyone. Simple gestures like promptly picking up after your pet's waste not only adhere to strata by-laws but also contribute to the cleanliness and aesthetics of shared spaces.
Another example of courtesy is ensuring your pet is appropriately restrained when in common areas, considering the comfort and safety of fellow residents. By embracing these small yet impactful practices, you play a crucial role in fostering a harmonious atmosphere within your strata community, where both pet owners and non-pet owners can coexist with mutual respect and consideration.
Understanding the rules and regulations surrounding pet ownership in strata communities is vital for a peaceful living environment. Compass Strata is here to guide you through the process, ensuring compliance and harmony within your strata scheme. If you have questions or need assistance with pet-related matters, our experienced team at Compass Strata is ready to help.
