Strata laws impacting pet owners (Qld)

As a strata resident, you are subject to the rules or by-laws (sometimes also known as articles or memorandums) of your strata scheme. Likewise, your strata scheme is subject to the strata laws of your state or territory government.

So as a pet owner, you are impacted by both your strata community’s by-laws and your state legislation.

You should never keep a pet in strata accommodation without being sure the by-laws permit pets and you have any necessary approvals.

Strata By-Laws

When you need information, your first step should be to get a copy of your strata by-laws from the owners corporation. Should a dispute arise you may need to contact your relevant state government department for further help or information.

Please note that in accordance with various federal and state legislation strata by-laws cannot exclude or restrict guide, hearing and assistance dogs.

If you are renting in a strata development and experience difficulties you may need to contact the relevant residential tenancy department as well as – or instead of – the government department that covers strata legislation.

Queensland

Queensland strata communities are covered by The Body Corporate and Community Management Act 1997. The Act provides a by-law regarding the keeping of animals as follows:

Schedule 4 By-laws

"11 Keeping of animals (1) The occupier of a lot must not, without the body corporate’s written approval— (a) bring or keep an animal on the lot or the common property; or (b) permit an invitee to bring or keep an animal on the lot or the common property.

(2) The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property."

This standard by-law means that a resident must have written approval from the body corporate before they bring an animal onto the property. Body corporates can use standard by-laws or create their own. They should not, however, have a blanket “no pets” by- law as it is deemed to be too restrictive. Owner’s corporations are entitled to impose conditions on the keeping of pets, however, many of those conditions may not stand up if they are unreasonable or restrictive. Recent legal cases indicate that conditions restricting the number of animals or placing a restriction on the weight of animals are unreasonable. This means that the type, breed and nature of the animal are all relevant factors in determining whether a pet should be approved.

Contact: Office for the Commissioner of Body Corporate and Community Management - Tel 1800 060 119 (call back service) (www.justice.qld.gov.au/bccm)

This information is provided as a guide only, it is not a substitute for legal advice. The recipient must at all times comply with local and strata title regulations and any other law.

Ref: Strata Community Aust

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