The Ins and Outs of Pets in Strata Schemes: A Committee's Perspective

Ownership of pets in Community Title Schemes is a contentious issue. It is now widely accepted that general or blanket prohibitions on the ownership of pets in Strata Schemes is prohibited.

The body corporate have an obligation to ensure that by-laws in the scheme are not unreasonable and the Body Corporate Commissioner has determined unequivocally that a complete ban on pets is just that – unreasonable.

Does this mean that the Committee’s hands are tied when dealing with pets? Generally speaking, no. There are a number of things that a Committee can do to ensure that pets are kept in their Strata Scheme in a harmonious, unobtrusive way.

The first step is to ensure that the CMS for the Scheme contains a properly worded by-law which includes an obligation on owners or occupiers to obtain the approval of the Body Corporate to keep a pet in their unit. The Committee can also impose reasonable conditions which are required to be complied with should approval be granted. These include ensuring that pets are properly registered, cleaning up after the pet and ensuring the pet is not a nuisance to other owners in the scheme.

Assuming such a by-law exists, the old adage “do now, seek forgiveness later” will not necessarily wash. An owner or occupier who keeps a pet at their unit before they have obtained approval would potentially be in breach of the by-law and (subject to Body Corporate approval) the Committee could commence proceedings against the owner for contravention or future contravention of that by-law.

This could be done via the dispute resolution process in the Body Corporate and Community Management Act. Alternatively, the body corporate may have a right to prosecute the owner under the Justices Act through the Magistrates Court (via a complaint and summons process) for contravention of the by-law. This avenue would be more costly to the body corporate, however if successful the Magistrate may impose a penalty on the owner such as a nominal fine.

At w/r/g, we are here to help. Should your body corporate require assistance in reviewing your pet by-law, or the application process for approval of pets, or need further advice regarding the breach of a pet by-law or conditions of approval, please contact Maxine Fenlon or David Patton or one of our other property lawyers in our Townsville or Sunshine Coast offices.