Pet Laws are now part of the Strata Schemes Management Act
On 25 August 2021, the proposed pet by-laws were officially legislated as part of the Strata Schemes Management Act 2015 (SSMA Act) making the keeping of pets in strata schemes a whole lot easier for animal-lovers. These changes come at a much-needed time for lot owners during the current lockdown in NSW, where an additional companion to the household may assist to lift the spirits.
Section 137B of SSMA Act now provides the following:
137B Keeping of animals
1. Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot:
(a) a by-law,
(b) a decision by an owners corporation under a by-law.
2. It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.
3. The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.
4. A by-law that prohibits the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot.
Note: Section 150(1) provides that the Tribunal may declare a by-law to be invalid if it is harsh, unconscionable or oppressive.
5. An owners corporation is taken to have given permission for the keeping of an animal on a lot if-
(a) it made a decision about the keeping of the animal in contravention of subsection (1)(b), or
(b) a decision of the owners corporation is required before the animal may be kept on the lot and the owners corporation failed to make a decision within a reasonable time.
6. If a report has been tabled in Parliament under section 276A, the Minister must not recommend the making of a regulation under this section unless the Minister has considered the report.
7. Subsection (6) is repealed 5 years after the commencement of this section.
What is unreasonable?
To avoid confusion and disputes within strata schemes, changes were also made to the Strata Schemes Management Regulation 2016 (Regulation) to provide specific guidance on what circumstances would be found to be unreasonably interfering with an occupant’s use and enjoyment of their lot.
Section 36A of the Regulation provides the following:
36A Keeping of animals—circumstances of unreasonable interference
For the purposes of the Act, section 137B(3), the circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property are:
(a) the animal makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another occupant, or
(b) the animal repeatedly runs at or chases another occupant, a visitor of another occupant or an animal kept by another occupant, or
(c) the animal attacks or otherwise menaces another occupant, a visitor of another occupant or an animal kept by another occupant, or
(d) the animal repeatedly causes damage to the common property or another lot, or
(e) the animal endangers the health of another occupant through infection or infestation, or
(f) the animal causes a persistent offensive odour that penetrates another lot or the common property, or
(g) for a cat kept on a lot—the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 31, or
(h) for a dog kept on a lot—
(I) the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 32A, or
(ii) the animal is declared to be a menacing dog or a dangerous dog under the Companion Animals Act 1998, section 34, or
(iii) the animal is a restricted dog within the meaning of the Companion Animals Act 1998, section 55(1).
What next?
Owners Corporations should consider reviewing and amending their by-laws relating to pets in their strata scheme to ensure compliance with the new provisions of the SSMA Act and Regulation.
Should Owners Corporations choose to ignore the SSMA Act and Regulation, they risk facing a potential cost order from NCAT if lot owners are forced to appeal decisions of strata committees regarding the prohibition of the keeping of their pet in the strata scheme.
How can we help?
If you have any questions or concerns about your strata’s by-laws or you are part of an Owners Corporation that wants to ensure their by-laws are still valid and enforceable at law, please do not hesitate to contact our team on 02 9523 5535.
We are here to assist you with all of your strata enquiries.
