For most people, their “furry friend” is a key part of their everyday lives and part of the family. Although community living arrangements such as apartments, townhouses, and villas can provide numerous benefits, such as convenience, shared costs, and central locations, when it comes to accommodating pets, strata living can be a bit more complex.
Understanding your rights and responsibilities is crucial if you are an animal lover considering moving into a strata property. So, how can pet owners navigate the ins and outs of strata pet policies?
Australia’s love for pets is undeniable. With one of the highest ownership rates in the world and more than 69% of households recorded owning pets in 2022 [1]
For many Australians, pets are part of the family. Yet, pet ownership in strata properties has been contentious for years. This has resulted in a strong demand for reforms to give owners and tenants the right to keep furry companions on their property.
Historically, strict by-laws across many states allowed strata schemes to enforce blanket bans on pets, leaving pet owners in a difficult position. However, recent changes to strata legislation have begun to reshape these outdated policies, helping promote fairer and more inclusive rules for pet ownership in shared living .
Instead of standing by a “no pets” policy, recent reforms have been implemented to encourage owners corporations and body corporates to draft by-laws and building rules that permit and carefully manage pet ownership.
Although it’s a big win for our animal friends in strata, it is still essential to consider your strata property’s requirements and know your rights regarding pets in strata. For more information on state-specific requirements, please refer to our section on ‘Understanding strata pet laws’ in this article.
[1] Animal Medicines Australia (2022) Pets in Australia: A national survey of pets and people AMAU008-Pet-Ownership22-Report_v1.6_WEB.pdf (animalmedicinesaustralia.org.au)
In Australia, strata pet rules will vary depending on the state in which owners and committees must follow. To add another layer of complexity, each scheme may also have individual by-laws or building rules further regulating animals on the property.
Although most states have introduced laws prohibiting blanket bans for keeping animals, the strata can still refuse an application or remove a pet from the property.
So, how do you know if you can have pets in strata? The key is never to assume that all owners corporation or body corporate properties have the same policies.
When bringing a pet into your strata property, it is important to follow the correct process for welcoming your furry friend to the property:
In cases where the regulations are ambiguous, it’s best to consult with the strata manager or committee to obtain written approval ahead of time. This precaution can help avoid future misunderstandings and ensure a smooth process for pet approval.
As Australia modernises its strata laws, we expect to see further refinements to state legislation to help strike a balance between pet owners’ rights and other residents’ needs.
Although there is no way of predicting what the future can hold, it is important to stay informed of any reforms regarding new pet limits, updated fees, or changes to the application process. If you are not up-to-date with the ever-shifting changes in strata legislation, it can potentially result in:
Pet by-laws or building rules become invalid due to new state policies.
Landlords not in compliance with pet approval processes
Tenants are not aware of their new pet rights.
To get up to speed with what pet rules are currently in place, check out our October 2024 recap on strata pet laws in NSW, QLD, VIC, NT, and TAS.
The only animals that cannot be prohibited within any strata scheme are assistance animals, as referred to in Section 9 of the Disability Discrimination Act 1992.
Registered assistance animals are always permitted and cannot be restricted or unreasonably burdened by unreasonable by-laws or building rules on how they are used on the property. Committees cannot legally ban assistance animals. Other circumstances might be at play if you have seen other pets on the property and the by-laws prohibit pets.
If you have a disability and rely on your animal, you do not need to ask permission before bringing them to the strata property. However, the committee may request proof that the animal is fully qualified and properly accredited or trained in such a way as to assist a person with a disability and to meet standards of hygiene and behaviour that are appropriate for public places.
As the saying goes, ‘every dog has its day’. Why is this the case? With a quarter of Australians currently living in flats, units or apartments, it’s no surprise that pet ownership is a common issue in owners corporations and body corporates.
Living in a strata means living close to others. Even in a pet-friendly property, it’s important to consider the comfort and needs of all residents. For example, noise, odours, and damage can all become a problem if not managed. As a responsible pet owner, regular cleaning, behavioural training, and health checks should be a priority. Furthermore, some may have allergies or a fear of animals. Open communication can help address concerns and ensure a harmonious co-existence. Be willing to compromise and agree on conditions such as leash requirements or designated pet areas. Remember, a happy pet makes a happy neighbour.
If you are running into restrictions when keeping a pet in an owners corporation or body corporate, remember it’s always possible to challenge existing by-laws by having it repealed or adopting a new one. Here’s how:
Engage with the committee to initiate a motion during a general meeting to change the current pet-related by-law or building rule. During this process, legal services will need to be sought to help draft appropriately worded amendments.
Encourage the committee to embrace a pet-friendly approach by explaining how it can enhance the property's harmony and future sales appeal.
If the proposed motion is accepted, a new one can be established, potentially including certain terms and conditions that the owners corporation or body corporate should announce to all residents.
In case the initial motion is rejected, consider mediation with an impartial third party to discuss the endorsement of a new pet by-law or building rule.
If mediation doesn't resolve the issue, either party can approach a tribunal or adjudicator. Their final ruling can overturn previous decisions, evaluate if a by-law or building rule is excessively harsh or unreasonable, or determine if the pet is causing a nuisance necessitating removal.
At times, pet owners are granted special permission without having the by-laws and building rules changed, meaning it’s worth conversing with your committee about bringing an animal home.
If the requirements are unclear, it is best practice to consult the by-laws or building rules about pet keeping. Remember, getting a second opinion from your strata manager is always good. The last thing you want is to sign the lease and discover that the rules say your furry friend is not welcome.
Furthermore, strata managers can help clarify and guide how owners corporations and body corporations can enforce reasonable animal-related by-laws or building rules, assist with disputes, and guide owners through the pet application process.
Pet by-laws and building rules can often be complex and difficult to interpret. Strata managers can provide guidance following the state-specific legislation and highlight areas that may need to be updated to suit the property or maintain compliance. They can also help residents understand the specific conditions and rules to help owners and committees stay informed about their obligations and rights as pet owners.
Conflicts or disputes are unfortunate but inevitable aspects of communal living, and pet ownership can sometimes trigger such issues. Strata managers are equipped to mediate and manage such conflicts. They work towards a fair resolution that respects the rights of all parties involved.
Introducing a new pet into a strata, owners corporation, or body corporate property involves several steps. Strata managers are there to assist and guide you through every step of the process to help you understand the application process and meet the requirements for approval.
Once a motion has been passed to terminate the contract with your existing strata manager, you need to formally notify the outgoing strata management company that their contract has been terminated. Unless a contract breach has occurred, written notice by mail or email will be sufficient.
Check relevant legislation in your state on how to terminate a contract due to a breach of contract.
A copy of your meeting minutes and a signed contract are usually all that is needed to engage your new strata management company.
Once your outgoing strata manager has been notified, they will commence the handover process with your newly-appointed strata management company. This includes handing over important documents, the strata roll and financial information.
Ask your new strata management company for a list of items they will need at commencement and arrange a meeting to discuss your strata property’s day-to-day running, administrative duties and reporting expectations. At times, the incoming strata manager will communicate directly to coordinate the collection of books and records accordingly. Once this information is received, the new strata management company is likely to arrange to come out onsite, meet with the committee, walk around the building and formulate a plan moving forward.
It may also be good to appoint a committee member to act as the liaison between incoming and outgoing strata management companies to stay on top of this process and expedite it.
This is the very final step required when changing strata management companies.
It can be uncomfortable having to break the news that you are terminating your relationship with a strata management company. While you can’t avoid it, there are some things you can do to soften the blow.
Give them a heads up that your committee is taking action to appoint a new strata manager and the reasons why.
Keep things courteous and professional
If you are terminating their contract due to a breach, outline details of the violation in a written notice.
To help streamline the strata pet application process for our customers, we now have an online form that owners and tenants from our eligible branches can use to submit requests to keep a pet to the committee for consideration and approval. Please check the eligible branches that can use this form.
Download our FREE community living guide on committee management.
Contact us for Consultation with the Kemps Peterson Legal Team.
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This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on August 2024.
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