Over the next 10 weeks we’ll be looking at the revisions to NSW’s model by-laws, which come into force on November 30 2016. They won’t automatically affect existing owners, but it’s a great time to consider updating your strata scheme’s by-laws to take advantage of the changes.

This week we’re looking at pets, a contentious issue in strata and one that is being simplified.

Anyone who’s had a feud over pets will know the current options in model by-laws, summarised here:

A) No pets, other than fish, without written approval.

B) Small cats, dogs, birds and fish are allowed provided notice is given, approval needs to be sought for anything else.

C) No pets allowed

In the new model by-laws Option C  has been removed, meaning that a new building that opts to use model by-laws won’t have a blanket ban on cats and dogs.

This won’t affect existing buildings with by-laws that forbid pets unless they choose to adopt the new model by-laws; this might be done because the original decision was made several decades ago, because existing owners have changed their minds or to add an incentive for new buyers or tenants.

But regardless of by-laws, Section 139 of the new Strata Schemes Management Act 2015 will expand the protection given to owners of seeing-eye and hearing dogs to include any assistance animal, with the proviso that owners corporations can require written proof of the animal’s role. We’ve previously written a guide on how to go about doing this.

The same section that protects assistance animals also now rules out by-laws that are harsh, unconscionable or oppressive. These terms have strict legal meanings, but any new anti-pet by-law might struggle to be justified after the new laws commence.

In summary: 

  • Existing no pet by-laws are still valid
  • New model by-laws remove the option to ban pets
  • Assistance animals are allowed but proof that they’re actually assistance animals can be requested

With tenancies on the rise and the new legislative push to make pet ownership in strata easier we recommend that strata plans revisit their pet by-laws. Committees and owners should also remember that new laws will require that existing strata schemes will need to review their by-laws within a year.

Published by bylawsonline

BylawsOnline is a resource dedicated to drafting and auditing bylaws in New South Wales. It is a one-stop shop where you can be assured of getting the strata by-law you need!