Schedule 4 – Body Corporate By-laws
11. KEEPING OF ANIMALS
(1)The occupier of a lot must not, without the Body Corporate’s written approval –
a) bring or keep an animal on the lot or the common property; or
b) permit an invitee to bring or keep an animal on the lot or the common property.
(2)The occupier must obtain the Body Corporate’s written approval before bringing,or permitting an invitee to bring, an animal onto the lot or the common property.
See section 181 in relation to the right of the owner or occupier of a lot to keep a guide, hearing or assistance dog on the lot.
181 Guide, hearing and assistance dogs
(1) A person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 who relies on a guide, hearing or assistance dog and who has the right to be on a lot included in a community titles scheme, or on the common property, has the right to be accompanied by a guide, hearing or assistance dog while on the lot or common property.
(2) A person mentioned in subsection (1) who is the owner or occupier of a lot included in a community titles scheme has the right to keep a guide, hearing or assistance dog on the lot.
(3) A by-law can not exclude or restrict a right given by this section.
This standard by-law means that an occupier is to have written approval from the body corporate before bringing or permitting an invitee to bring an animal onto the lot or common property.
Bodies corporate can use standard by-laws or create their own. They should not, however, have a blanket “no pets” by- law as it is deemed to be too restrictive.
Owner’s corporations are entitled to impose conditions on the keeping of pets, however, many of those conditions may not stand up if they are unreasonable or restrictive. Recent legal cases indicate that conditions restricting the number of animals or placing a restriction on the weight of animals are reasonable. This means that the type, breed and nature of the animal are all relevant factors in determining whether a pet should be approved.
Any approval to keep an animal may attract controversy, and it may be prudent to refer any request to a general meeting of the body corporate. Local council regulations will also need to be considered when considering such approval.
An adjudicator may make an order requiring a person to remove an animal and to keep it away from a lot and/or common property – Sch 5 (18) and (19).
For further information
Contact: Office for the Commissioner of Body Corporate and Community Management
Tel: 1800 060 119 (call back service)