PET-FRIENDLY LIVING IN STRATA COMMUNITIES
Queensland’s strata communities have recently experienced significant shifts in pet ownership regulations, reflecting a broader societal recognition of pets as integral members of many households. The catalyst for these changes was the landmark “Jo Cooper” decision in New South Wales five years ago, which invalidated blanket bans on pets in strata schemes. This ruling set a precedent that resonated across Australia for pet friendly living in strata communities, prompting legislative reforms in various states, including Queensland.
Pet-Friendly Living Legislative Reforms in Queensland
In November 2023, the Queensland Parliament passed new legislation aimed at balancing the rights of pet owners with the interests of the broader community. A key aspect of this reform is the prohibition of body corporate by-laws that impose blanket restrictions on the number, type, or size of pets. Decisions regarding pet approvals must now align with local council regulations, ensuring a standardized approach across the state.
Furthermore, the legislation mandates that body corporate committees respond to pet approval requests within 21 days. Failure to do so results is automatic approval, preventing potential delays that could discourage pet ownership.
Reasonable Conditions and Grounds for Refusal
While the reforms promote pet inclusivity, bodies corporate retain the authority to impose reasonable conditions on pet ownership to maintain community harmony. Common conditions include:
- Ensuring pets do not cause nuisance or pose a threat to other residents.
- Requiring pets to be on a leash or adequately restrained while on common property.
- Mandating regular treatment for fleas and maintenance of good health.
- Proper disposal of animal waste to prevent noxious odours or contamination.
These conditions aim to minimise potential disruptions and ensure that pet ownership does not adversely affect other residents.
Approval for pet ownership may be refused under specific circumstances, such as:
- The pet poses an unacceptable risk that cannot be managed with reasonable conditions.
- The pet is classified as a regulated dog under the Animal Management (Cats and Dogs) Act 2008.
- The owner is unwilling or unable to comply with reasonable conditions set by the body corporate.
These provisions ensure that while pet ownership is supported, the safety and well-being of all residents remain a priority.
Impact on Strata Communities
The introduction of these pet-friendly laws has led to a more inclusive environment for pets within Queensland’s strata communities. By aligning body corporate by-laws with local council regulations, the legislation ensures that pet ownership policies are consistent and fair. This shift acknowledges the evolving societal view of pets as family members and supports responsible pet ownership without compromising the rights of other residents.
In summary, Queensland’s recent legislative reforms have opened the door to more pet-friendly strata living. By prohibiting unreasonable restrictions and promoting reasonable conditions, these changes aim to foster more harmonious cohabitation between pet owners and non-pet owners alike.
Article Contributed by Stephen McCulloch, Partners, Archers the Strata Professionals
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Our Body Corporate Community Titles Scheme states:
Keeping of Animals & Birds
(ii) Subject to section 181 of the Act, no cats or dogs shall be kept or allowed within the Scheme at any time
We fully support the Environmental Objective of the Scheme to promote native animals to roam freely & without risk of attack by domestic animals.
As there are no fences allowed, then we agree that dog ownership would not be fair to a animal kept indoors.
However, if a cat owner abides by the Council requirements (ie kept inside and/or on a harness/supervised when outside on the Lot – not on common property), then can the Body Corporate enforce this By-Law?
If we are working from a home based business, the cat would be under supervision pretty much 24/7 & would be an integral part of our family dynamic (& mental health!).
Hi Ross,
Regarding #1 – Yes, I would recommend that your body corporate update its by-laws to bring you pet by-laws in line with the current legislation. It is important that the committee assesses each pet application and applies conditions to provide a remedy should the pet become problematic.
Regarding #2 – A restriction on the number of pets is generally unenforceable but if there is a good reason why a maximum of 2 pets per unit should apply, such as the size of the unit, lack of suitable shelter, the type of pets or local council regulations, then there would be valid grounds to limit the number of pets.
Regarding #3 – Generally speaking, yes additional conditions are enforceable providing they are reasonable. The circumstances of these additional conditions would need to be taken into consideration and could not be too onerous on the pet owner.
Hi Margaret,
When considering an application for permission to keep a pet, it is very important that the committee impose reasonable conditions on the pet owner to whom approval has been granted.
If the pet owner does not abide by these conditions, then the committee may revoke its approval for the pet to be kept at the property. The committee would need to take reasonable steps to advise the pet owner that the conditions are not being adhered to prior to approval being revoked.
If approval is revoked, then the pet must be removed from the property. If it is not, then the usual Breach Notice process would follow and ultimately an Application to the Commissioner for Body Corporate and Community Management for an Order for the removal of the pet.
Hi Barry N Reilly,
Does an owner still have the option to refuse an applicant if they want to keep a pet?
The ability for an owner of a unit to refuse an applicant for a tenancy is regulated under the Residential Tenancies and Rooming Accommodation Act which has similar requirements to the Body Corporate and Community Management (BCCM) legislation in regard to pets. I recommend you refer to the Residential Tenancies Authority website for further information about a lessor’s obligations under a rental tenancy, as this topic is specifically related to keeping of pets under the BCCM legislation.
Hi John,
The requirements for holiday letting or letting your unit out to friends are the same as for permanent or long-term occupants. The body corporate by-laws apply to any pet that is brought into the complex i.e. it must have prior written approval (if that is indeed what your by-laws stipulate). It would be the obligation of the owner of the unit to facilitate such approval on behalf of any guests.
Logistically, this may be quite problematic for short-term letting where the pet may only be there for a couple of days.
Can the body corporate refuse? Yes, but only on the limited grounds set out under the legislation.
Where a unit is a holiday unit let out to the families and friends of the owner, can a body corporate refuse unit owners from allowing a cat to stay with a family that is renting the unit?
Our unit block has no drains to sewer from balconies. Instead we have spitters which are designed for to direct storm water away from the sides of the structure , rain water only. In addition we are required to have storm water monitoring for quality, at our expense reported to Council. This in our view makes the block unsuitable for dogs. I note also that the RSPCA is silent on the matter. Keeping a dog on a concrete balcony has to be a definition of cruelty. Does an owner still have the option to refuse an applicant if they want to keep a pet?
Good question Margaret as we are experiencing a similar situation in our complex!
Thank you Stephen. 3 Qs if I may:
1/ Our Scheme’s Pet By-Law does not require Cmttee permission for pets. It is silent on this issue. Would it be better to have a By-Law which requires permission, subject to reasonable conditions?
2/ Our Pet By-Law does impose a number of restrictions on pets, eg you cannot have more than 2 animals. Is this lawful?
3/ Our Scheme tops up these By-Law restrictions with a series of Pet Protocols determined by the Cmttee, concerning the conduct of pet owners, lift access, foyer access, etc. Are they enforceable?
Our Body Corporate was required to introduce new By Laws to cater for the multitude of changes introduced by the Qld govt, including the pet By Laws, we were informed as in the same case as Margaret that we had to go through local council as the formal process initially, this ment recording dates, times, locations of pets doing there business, dogs barking, or being a nuisance or threat. Once collated over a minimum 7 day period, you presented to council, and a representative of the BC or an owner then awaited a response from council. Our BC was informed that pet issues in a strata complex are required to follow the same process as living in a normal street community. If the local council supported the complaints, then the BC committee can salary a formal process
Good question. If every second unit has a cute yappy little white dog, life for residents will become intolerable.
Cats that roam around in the common area. Pet Approval given but not following conditions?
So how does a Body Corporate manage the situation when pet/s have been approved, but the owner does not abide by the conditions of the pet/s not causing a nuisance to other residents. For example, dogs barking, common areas smelling of dog etc?
Nuisance bylaw is one option perhaps, and the Bylaws where I live have provision for removal of the pet as well as a Nuisance bylaw.