By-laws that blanket ban pets are likely to be invalid nowadays, so the issue of pets in body corporate situations is often the subject of much concern. If you live in a body corporate building and want a pet, in most circumstances you’ll be able to have one. While this is great news for pet owners, pets can cause a lot of issues in situations where people are living closely together, such as:
- Making noise
- Creating a nuisance
- Damaging common property
- Residing on the property without permission
Even when pets are given approval, that approval can be revoked if it becomes necessary due to the behaviour of the pet. Given the problems that can occur, it’s wise to take all steps possible to be a responsible pet owner.
Always seek permission first
It can be tempting to install your pet in your apartment and seek approval later, hoping it will be granted. But while pets cannot be outright banned, the type, breed and nature of the animal will all be taken into consideration when approving a pet. So, while pets in general may be approved, your pet in particular may not be, leaving you in a problematic situation if you and your pet have already moved in. Plus, there may be limits on the number of pets you can keep, the size of your pet, or whether you can have your pet on common property, and certain requirements that must be met, such as your pet being neutered or registered.
And if your strata scheme does have a no pets rule, you’ll need to challenge it through the court system to get it overturned. Chances are you’ll win this battle, but it’s not a quick process and you’ll need to find somewhere to house your pet while the process is in place. Plus, you stand a very good chance of getting your new strata community offside right from the start by bringing a pet into a place where the community has decided they are not wanted.
The upshot is you should always seek permission first – ideally before you’ve bought the apartment.
Find out your responsibilities
If your pet is approved, you need to get very clear on exactly what the by-laws say about it and exactly what your responsibilities are. Some of the requirements may be very exacting, and if they’re going to be a problem for you, it’s best to find out before you commit to buying a particular apartment. For instance, some strata schemes will require your pet to be kept on a lead or in a carry cage when on common property. You need to know exactly what the rules are so you can determine if it’s possible to abide by them.
Abide by the conditions of your by-laws
You are required to strictly abide by the requirements of your by-laws, and make sure your pet doesn’t breach any of them. Pets of course don’t understand by-laws, and it’s very easy for them to commit breaches such as:
- Making a lot of noise (usually barking dogs)
- Damaging the common property (such as digging holes in the garden or chewing things)
- Using common property as a toilet
- Generally being a nuisance
However, you need to take all possible steps to ensure you don’t breach any by-law, as non-compliance can result in your pet approval being withdrawn.
Take responsibility and clean up after your pet
As an owner, you are naturally responsible for cleaning up any mess made by your pet. This helps to minimise the impact of your pet on other occupants of the building. Dispose of any animal waste in a responsible and sensible manner and don’t leave it anywhere it can contaminate the property.
Make sure your pet is kept free from parasites
No one wants a flea-ridden pet roaming around on common property! Take all steps to keep your pet in good health and make sure their flea and parasite treatments are always up to date. Keep them well-groomed to minimise the transfer of airborne allergens, as pet allergies can sometime be a problem.
Don’t let them become a nuisance
You can’t let your pet impinge on the wellbeing of others in your complex, so try and prevent them from becoming a nuisance in any way. This may cost you time, effort and money, but it’s necessary for seamlessly integrating your pet into a strata situation. Approval for your pet may be revoked if it causes noise or a disturbance that interferes with a person’s use or enjoyment of their lot or the common property.
Don’t replace the pet without approval
Your pet approval only applies to the specific pet in your application, not to any pet. If your pet dies, you can’t then just replace it with another pet, even if it’s a similar breed, size or temperament. And you can’t take approval for one pet as justification for getting an additional pet. If you want to replace your pet or get additional pets, you’ll need to apply for pet approval again.
For advice about pets or all things body corporate, contact Capitol, the leaders in body corporate management, here: https://www.capitolbca.com.au/contact-us/