GOVERNMENT DOUBLES DOWN ON PETS IN STRATA
Three things to know about pet approvals:
- Amended pet approval decision timings are very pro-pet
- A body corporate has 21 days to respond to a pet application
- Failure to respond is a deemed ‘yes’
Further updates to strata pet regulations in Queensland
The ink is barely dry on the new legislation governing strata in Queensland and regulations governing pets have already been further refined, in favour of pets.
Where previously a body corporate committee had 6 weeks to respond to an application for a pet to be kept in a lot, the prescribed period for a committee to consider a pet request has been shortened to 21 days.
If the committee does not make a decision within the prescribed period, the pet is deemed to be approved.
Alternatively, if a general meeting is needed to decide the request, the animal will be taken to be approved by the body corporate if either:
- a general meeting is not called within 21 days after the request is made (the ‘relevant period’)
- the body corporate does not decide the request within 6 weeks after the general meeting notice is sent out (the ‘prescribed period’).
The changes address an issue where some bodies corporate were delaying making a decision on pet applications in the hope that the lack of an approval would deter potential tenants or lot owners.
Queensland’s pet-friendly legislation
Coming on top of the new legislation, Queensland now has some of the most pet-friendly strata regulations in the country.
By-laws that prohibit the type of pet, or the weight of the pet, or the number of pets, remain invalid.
However, bodies corporate can impose reasonable conditions in relation to the keeping of pets.
A body corporate may also be able to prohibit pets where there’s a danger or an unacceptable risk to the health or safety of another owner, occupier or native fauna that can’t be managed by conditions.
It will be extremely difficult for a body corporate to refuse consent to the keeping of a pet from this point forward and any attempt to do so must be on solid legal grounds.
But if there is any confusion over what the new legislation means and its effect on a body corporate’s rights, feel free to get in touch.
Queensland’s new strata laws came into effect on 1 May 2024. Find out more about the changes to legislation regarding pets below or read more here.
This article was contributed by Frank Higginson, Partner, Hynes Legal
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We have a Body Corporate that makes ‘proof of ownership by the resident’ as a condition of having any animal on the property. In effect, it means that it is not possible to host a visitor with a pet (even where all other reasonable conditions are being met) whether it be an hour visit, a day or longer. It is designed to deter pets I believe. Is this reasonable in your opinion?
I think unlikely that it is reasonable – how do you prove ownership of a pet anyway? It’s not like they have title deeds! Maybe it is just they come when called?
Are there any conditions imposed regarding the removal of dog faeces. My former neighbour had 2 lovely dogs but the owners rarely removed their faeces. At one stage there were 12 bombs lying on the ground. The smell was obnoxious. To keep the peace I did not complain but just did not use my outdoor areas. I rejoiced when they moved away.
Imposing that as a condition of approval would absolutely be reasonable.
Body Corporates of high rise buildings (with no facility for pets). Have been steamrolled by government and woke bureaucrats.
I assume the laws apply to tenants as well as owners?
The laws apply to owners and occupiers (which means tenants)
Number of pets and make up as we believe is still as per your council rules and not any number.
Any number is the most ludicrous decision given that a 3bed townhouse cannot have 14 cats and 14 dogs residing without RSPCA & Health ramifications.
By-laws cannot prohibit numbers but local authorities can. If someone was keeping a number oif pets in excess of that allowed by Council, then Council would likely be far more responsive to a complaint and to be able to deal with it than the body corporate could through the Office of the Commissioner.
What if the body corp 7 members committee are bias against pets and will not allow the full 48 owners to vote on a pets policy
This is something you would need formal legal advice on – but the law is pretty clear now about the limited basis for refusing permisison to keep a pet.
We’re a new development on Sunshine coast
Several neighbours have dogs that cause no problem.
One of our neighbours have 2 dogs that have been approved by the Strata which bark loudly and uncontrollably many times a day, it’s terribly annoying.
What can be done about that?
If they are breaching the conditions of approval or causing a nuisance then the there is a process to remove them for that. the first step is attempting self resolution – i.e. letting the pet owner know of the issue!
Government and bureaucrats are completely out of touch our complex has gone to the dogs from a no dog complex (three years ago), dog and cat urine, faeces and barking.
Committee has tried it’s best but irresponsible politicians overrule, one owner sold out early this year couldn’t sleep for barking dogs (nurse on night shift) another owner has just sold can not open windows or door of unit because of urine and faeces odour.
New owner (one week) has applied for his two dogs, an existing dog owner has also applied for additional dog, total for the complex sixty three dogs on the books for fifty lots.
The best I can do is sell and move away.
That is always an option.
How does this affect resorts with town planning noted as ‘motel’ or ‘commercial’ not ‘residential,? or what about strata-based hotels, are they meant to comply as well?
This is one for legal advice to see what the town planning restrictions might mean. There is no distinction in the BCCM Act between different types of strata use and pets. They are just separated by type of Regulation Module.
Im the owner of two High Rise Apartments, both in seperate complexes. Im not a fan of pets in this environment, however, if forced into accepting pets would I be in my rights to impose a “Pet Bond “to cover any damage caused by a tenants pet?
This is a tenancy issue – not so much a strata one – but have a read of this – https://www.rta.qld.gov.au/during-a-tenancy/living-in-the-property/renting-with-pets
Pets are becoming essential part of life for many. More and more so nowadays. Regulators will have to take this on board as pet owners are no longer a minority group. UK has done this well. Pet ownership comes with responsibility, this has to be made clear with property owners and tenants. Where these responsibilities are not met, evidence will determine action by Council or body corps. Solutions are many and varied, e.g. doggy daycare. Legal requirements to enforce these?
This is certainly the position government has adopted.
Can you indicate exactly the “level of risk” that would allow a body corporate to avail itself of the exception under the legislation where “there’s a danger or an unacceptable risk to the health or safety of another owner, occupier……..” What numerical value is regarded as unacceptable or under what conditions would “unacceptable risk” come into play? Can you provide an example as to what type of medical condition would allow an owner/occupier to claim an unacceptable risk to health? What level of medical evidence/proof would this individual be required to provide? Is the party who is at risk required to provide proof of medical condition or is it up to the pet owner to provide evidence to argue against the medical condition?
There is no number or % I could sensibly give you. Adjudicators have the ability to make orders that are just and equittable in the circumstances and all of the things you ask would go into the mix when deciding on whether there would be grounds for a refusal. If you do have an actual issue, this is something on which specific legal advice should be sought.