Ask Premium Strata – Owners Corp & Animals

Owners Corporation & Animals

Question: I was under the impression that there was legislation that said an Owner Corporation could not make laws to prohibit animals on any lot. However, it is important to have rules around common property and other sensible rules around owner and pet behaviour Could you please advise?

Answer: An Owners Corporation cannot prohibit the keeping of an assistance animal but may if it chooses otherwise prohibit animals at the scheme:

Section 139(5) By-law cannot prevent keeping of assistance animal A by-law has no force or effect to the extent to which it purports to prohibit or restrict the keeping on a lot of an assistance animal (as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth) used by an owner or occupier of the lot as an assistance animal or the use of an assistance animal for that purpose by a person on a lot or common property.

See for example powers of NCAT:

Division 3 – Keeping of animals on lots
156 Order for removal of an animal not permitted under by-laws
(1) The Tribunal may, on application by an interested person, order a person to cause an animal to be removed from a parcel within a specified time, and to be kept away from the parcel, if the Tribunal considers that the person is keeping an animal on the parcel in contravention of the by-laws.
(2) An order under this section ceases to have effect if the keeping of the animal is subsequently authorised in accordance with the by-laws.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.