We are frequently consulted about how to deal with the keeping of pets in strata title properties in Queensland.
So, who makes the rules around pets when it comes to strata titled properties? Can pets be banned from units?
In Queensland, the relationship between occupiers of lots in a community title scheme are governed by the Body Corporate and Community Management Act and its associated regulation modules, and the by-laws for the relevant scheme.
By-laws are a set of rules that a body corporate makes to control and manage the body corporate’s property and the use of lots.
We have frequently seen by-laws like “no pets allowed” and are often asked to look at whether this type of by-law is enforceable.
Whilst by-laws can validly regulate the use the use of lots, courts and tribunals have often held that by-laws that absolutely prohibit a particular usage, such as keeping a pet, go beyond mere regulation and are therefore invalid
Bodies corporate are required to act reasonably in the performance of all their obligations. This requirement has also been used as a basis to invalidate restrictive by-laws and to find that bodies corporate have overstepped the mark in their application of a pet by-law
Every case will turn on its facts, but the setting by a body corporate of reasonable conditions in relation to the keeping of a pet will generally be seen as more appropriate than outright refusal of permission to keep the pet
If you have a dispute about the keeping of pets in a community title scheme or if you would like more information, please give us a call.