Strata laws impacting pet owners (WA)

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.

Western Australia

West Australian strata communities are subject to the Strata Titles Act 1985. The Act includes a standard by-law relating to animals as follows:

Schedule 2

"By-law 12 A proprietor, occupier or other resident shall not – (c) subject to section 42(15) of the Act, keep any animals on the lot that he owns, occupies or resides in or the common property after notice in that behalf given to him by the council."

This standard by-law means that residents must not keep an animal if they have received notice from the strata council. The keeping of pets is therefore at the discretion of the strata council. The standard by-laws provided by the Act apply to all strata schemes unless they have created and registered their own by-laws.

WA strata by-laws are subject to section 42(15) of the Strata Titles Act which states that by-laws cannot prohibit or restrict the keeping or use of a guide dog on a lot or common property by a completely or partially blind person.

Contact: Landgate Strata Advisory Service - Tel 08 9273 7044 (www.landgate.wa.gov.au) – See under quicklinks/Landgate practice manuals/A Guide to Strata Titles

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