Are they In or Out ??? Pets in Strata

One topic that has occupied a lot of strata talk over the years has been the question of pets in strata schemes.

According to the statistics published by the Consumer Trader & Tennancy Tribunal in NSW (which are the most comprehensive available) disputes about pets comprise 14% of all disputes they handle.  And, all of us who work in strata have many stories and anecdotes (good and bad) about animals in schemes.

Modern living and lifestyles mean that attitudes are changing and pets are living in apartments more than ever before.

Last week the SMH Domain featured pets in Kate Denehey’s article Tenants Forced to Give Up Pets.

So, what’s the general position about pets in strata ?

• In almost all states of Australia the default position is that pets are not permitted in strata schemes without approval
• And in most states anyone can apply for approval to keep a pet and the decision about it is reviewable on merit bases (in other words was it reasonable or not to give or refuse permission)
• Some states (like NSW) allow optional positions on strata registration that allow some pets (small cat or dog, birds and fish) without permission
• And some states (like Victoria) allow pets but with a rider that the strata scheme can require removal if the pet becomes a problem

When a dispute about keeping a pet arises the most common and relevant matters include –

• the kind of pet involved
• the size, nature and configuration of the apartment
• any history (good or bad) involving the pet or owner
• whether other pets are (or are not) in the strata scheme (whether permitted or not)
• the conditions proposed for the pet

So, a Chihuaha in a whole floor penthouse with it’s own lift entrance is more likely to get approved than a Great Dane in a ground floor studio.

There’s a lot more information about pets in apartments around including –a brochure prepared by NSW Young Lawyers called Keeping Pets in Strata Schemes which you can find on the Resources & Links page of my webpage francescoandreone.com or here.

Interestingly, when you review NSW reported dispute decisions about keeping pets the pets win (and stay) more often than not.

Power to the pets !!!

Francesco …