QLD STRATA DOGS ARE PARTYING HARD

INTRODUCTION

For a long time, Queensland strata laws did not specifically address keeping pets in strata buildings as there was no standard by laws and no legal sections covering them.

Instead, if strata buildings made by laws restricting or banning pets or refused approval to keep a pet, those by laws and decisions could be challenged on the basis that they were oppressive or unreasonable under section 188(7) of the Body Corporate and Community Management Act 1997.

And, there’s been plenty of disputes and, as a result, Tribunal and Court decisions on those matters.

I wrote about that in the article, Queensland’s Strata Pet Tug of War.

But, that’s all changed now as follows.

NEW PET PROVISIONS IN QUEENSLAND STRATA LAWS

The Body Corporate and Community Management and Other Legislation Amendment Bill 2023

Introduced the following changes to Queensland strata laws.

It introduced new section 169B called By law about keeping animals (other than guide, hearing and assistance dogs).

As an aside, guide, hearing and assistance dogs have always been permitted under section 181 of the Body Corporate and Community Management Act 1997.

The new pet provisions do the following things.

• By laws can’t prohibit animals in lots or the common property.
• By laws can’t limit the number of animals, the type of animals or the size of animals in lots or the common property.
• By laws can require that a strata owner or resident have to get approval to bring or keep an animal into lots or onto common property.
• If a by law requires approval for animals, the strata building must consider a request within the time specified in the regulation module that applies to the strata building. In Queensland, there are different regulation modules for different kinds of strata buildings [like 2 lot schemes, small schemes, commercial, standard [residential], etc].
• An animal approval must not be unreasonably withheld.  Thereby allowing review of any strata building approval refusal by the Office of the Commissioner for Body Corporate and Community Management in a strata dispute.
• The new strata laws also expressly say that strata building approval refusal because of a ‘no pets’ rule, policy or reason is unreasonable.
• Conversely, the new strata laws say that strata building approval for an animal can be refused if:
  • keeping it is contrary to laws [such as if it is a prohibited invasive animal],
  • the animal is regulated under the Animal Management (Cats and Dogs) Act 2008,
  • the animal creates an unacceptable health and safety risk because no reasonable conditions would avoid it,
  • the animal would unreasonably interfere with the use of other strata lots,
  • the animal would unreasonably interfere with native animals that live on or visit the strata building,
  • the animal owner won’t or can’t agree to or comply with reasonable conditions, and
  • anything included in the regulation module that applies to the strata building [at this stage there are none].
• But, by default and without a by law requiring it, approval is not required to bring or keep an animal into lots or onto common property.

So, strata pets are now generally allowed in Queensland strata building unless there are compliant by laws that control them by requiring approval on reasonably conditions given on reasonable grounds.

Any existing by laws controlling strata pets will be invalid if they impose a ban, limit their type, number or size or imposes conditions outside what’s deemed reasonable under the new strata laws or are potentially unreasonable.

Any conditions to existing strata pet approvals that are deemed unreasonable [or are not deemed reasonable] under the new strata laws will be invalid and unenforceable.

And, it is very likely that any current strata pet refusals on ground that are unreasonable, deemed unreasonable or outside what’s deemed reasonable under the new strata laws will breach the laws and are reviewable by the Office of the Commissioner for Body Corporate and Community Management in a strata dispute.

CONCLUSIONS

So, it’s a brave new world for Queensland strata pets that’s much more like their southern neighbours in New South Wales and follows the national pro pet trend.

I can hear all the celebratory meows, barks, shrieks, brays, roars, woofs, howls, chirps, croaks, growls, ribbits, whistles and clicks from here.

The article was contributed by Francesco Andreone, GoStrata