NSW ends blanket bans on animals in strata from August 25
During the current lockdown pets are more important than ever, and from 25 August the NSW Government’s new laws will put an end to blanket bans on animals in strata blocks.
The changes follow a review of the Strata Schemes Management Act 2015 (the Act) and public consultation, focusing on the keeping of animals in strata schemes.
Minister for Better Regulation Kevin Anderson said the new laws reflected broad community sentiment from the review.
He expects they demonstrate a balanced approach for both residents and owners corporations in keeping animals in strata.
“A lot has changed since the Act commenced in 2015, including a huge shift to apartment living as more and more people in NSW are choosing to buy and rent in higher density areas,” Mr Anderson said.
“On top of that, research tells us that Australia has one of the highest rates of pet ownership in the world, with 61 per cent of households including a pet in their family, and 91 per cent of households owning a pet at some point in their lives.
“Following extensive feedback from the community we have implemented fair and sensible regulations that prevent schemes from introducing blanket bans on keeping pets in apartments, while ensuring owners corporations can refuse pets where they unreasonably impact other residents.”
The government move came after the strata corporation of the luxury Darlinghurst apartment block lost a New South Wales Court of Appeal case which found in favour of the soul singer Jo Cooper, who had argued a bylaw that banned pets – including her dog Angus – was unfair.
The ruling followed a five-year legal battle in the Harry Seidler-designed Horizon tower in Darlinghurst.
The justices John Basten, Robert Macfarlan and Des Fagan ruled the bylaw restricted the “lawful use of each lot” and lacked a “rational connection with the enjoyment of other lots and the common property”.
“A bylaw which limits the property rights of lot owners is only lawful if it protects from adverse affection the use and enjoyment by other occupants of their own lots, or the common property,” they ruled.
From 25 August 2021, the new regulations will prescribe a limited list of specific grounds where an owners corporation can refuse a lot owner from keeping an animal in a strata scheme or take steps to remove an existing animal from the scheme. These circumstances include repeated damage of the common property, menacing behavior, persistent noise and odour.
Owners corporations will also be able to set reasonable conditions through their own by-laws on how pets are kept in their scheme, for example whether they have to be supervised on common property or enter and exit through a dedicated entrance or lift.
“As a dog owner myself I understand how important pets are for families in this state, and their companionship cannot be understated, particularly during the current pandemic,” Mr Anderson said.
“Living in strata is becoming more popular and while we don’t want strata residents deprived of the benefits of owning a pet it’s also important the amenity of neighbours and others in the building isn’t impacted.
"Our new laws have been designed to strike the right balance for everyone living in strata communities, putting an end to blanket bans on pets while giving owners corporations clear guidance on how they can set rules to ensure other owners aren’t impacted.”
NSW Fair Trading will be offering support, advice and mediation services for residents and owners corporations who are unsure about the new rules and how they apply within their scheme. Unresolved disputes can also be escalated to the NSW Civil and Administrative Tribunal where appropriate.
