Strata & Pets in NSW Explained
In many parts of Australia, particularly New South Wales, laws relating to pets in strata complexes have evolved. The general principle now is that strata by-laws cannot unreasonably prohibit the keeping of pets.
In NSW, for example, the Strata Schemes Management Act 2015 and subsequent reforms, including a landmark 2020 decision by the NSW Civil and Administrative Tribunal (NCAT), state that owners or occupants in a strata scheme cannot be unreasonably denied permission to have a pet. However, the strata scheme can impose certain conditions, such as the pet not being a nuisance or causing unreasonable interference with other occupants.
Here’s a breakdown of the key points:
1. Reasonable Request: Occupants must request permission to keep a pet, and the strata committee must review the request. A refusal must be based on reasonable grounds, such as the pet being a danger or nuisance.
2. No Blanket Bans: Strata schemes can no longer have blanket by-laws that prohibit pets entirely. This was ruled as an unreasonable restriction of residents' rights.
3. Conditions and Restrictions: Strata by-laws can still impose conditions related to the care and management of pets (e.g., keeping common areas clean, and controlling noise or smell).
4. NCAT: If an occupant’s request is unreasonably denied, they can appeal the decision at NCAT, which has shown support for reasonable pet ownership.
The situation may vary depending on the state, so it's important to check the specific by-laws of the relevant strata scheme and consult local legislation.