Question: Are bylaws allowed to specifically prohibit ownership of dogs whilst cats and other animals are subject to approval?
The bylaws in my building require pets (except for fish) to be approved by the strata committee. However there is a specific clause which prohibits dogs (with the exception of guidance & hearing assistance dogs).
Are the bylaws allowed to specifically prohibit ownership of only dogs whilst cats and other animals are subject to approval?
Answer: We have seen such by-laws and in our experience they arose due to issues the strata committees had with existing dogs
We have seen such by-laws and in our experience they arose due to issues the strata committees had with existing dogs, in particular barking and soiling the common property.
Under the 2015 strata legislation, by-laws may not be harsh, unconscionable or oppressive and such a by-law may be invalidated by the Tribunal on application, noting also that the owners corporation/by-law cannot prohibit a disability animal (as referred to in section 9 of the Disability Discrimination Act 1992).
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.