No. In multiple decisions, adjudicators have upheld that a ’no pets‘ by-law

  • was not objectively reasonable in any circumstances; and
  • was oppressive by completely restricting an owner from having a pet, even one as simple as a goldfish.

The lessons for a body corporate is that:

  • a by-law imposing a complete ban on pets will be void; and
  • a committee is obliged to consider the circumstances of each case and be reasonable in the decision it makes.

A body corporate will likely be unsuccessful if tyring to enforce a blanket ban on animals that some people regard as dangerous or that are on the restricted dogs list.

There are regulations in place for the ownership of dogs on the restricted list that govern pet ownership regardless of whether the owner lives in a house or a lot in a strata scheme.

Rather than a by-law that prohibits certain breeds a body corporate can instead impose conditions on keeping an animal in a scheme. Conditions outlined in an animal by-law could include that animals are not allowed on common property except for the purpose of accessing or leaving the scheme land, or that an animal must be on a lead or be adequately restrained while on common property.

How Can We Help You?

Call us on 07 3435 5300 and one of our friendly consultants will help