NSW passed new law amending the no-pet rule in the Strata Schemes Management Act, allowing apartment residents to have a pet in their homes.
The new law, which came into effect on August 25, provides specific grounds for which an owner society can prohibit a resident of an apartment from keeping an animal in a strata system.
The new policy also allows owner companies to set reasonable terms through their own regulations on how pets are kept in their diet.
Regulatory Improvement Minister Kevin Anderson said the removal of the no-pet rule came after extensive public consultation.
"Research tells us that Australia has one of the highest pet ownership rates in the world, with 61% of households including a pet in their family and 91% of households owning a pet at some point in their life. Said Mr. Anderson.
"As a dog owner myself, I understand how important pets are to families in this condition, and their companionship cannot be underestimated, especially during the current pandemic."
How does pet approval work
Under the new law, owner societies can only refuse to admit an animal into the strata system if the animal "unreasonably interferes with" another's use. resident of its land or common areas.
The owners' society will be allowed to require residents to first seek approval before their pets enter the program.
There are two ways the approval process can go. The first option is for residents to submit a written notice to the owners' company within 14 days of the pet's first stay inside their property.
The alternative model is for residents to seek written approval from the owners' corporation.
The owners' corporation must make its decision regarding the animal within a reasonable time. Failure to make a decision on approval will automatically allow the resident to keep their pet.
Ownership companies may have their own approval process provided they do not unreasonably deny authorization.
They can ask the resident to provide information about the animal, including photographs, vaccination records and a microchip number.
Supplementary Rules for Pets
Owner societies are free to set reasonable terms in their bylaws on how residents are to manage their pets.
They may require residents to keep the animal on their property and to watch their animals while in common areas.
Residents may also be required to maintain cleanliness in their lot or in common areas.
Owner companies may also establish rules and requirements for certain types of animals to be vaccinated.
They can also define the entrances that pets are allowed to use to prevent them from passing human traffic.
Solving problems with pets
If there are any issues, residents and owner societies can use any existing internal dispute resolution to resolve any issues and concerns regarding the behavior of the animal.
The owners' corporation, or any other resident, can also apply to the town hall to request an ordinance against pests. The council, however, will require plaintiffs to have evidence.
When a nuisance order is issued, the resident must comply with the conditions or risk a fine.
If the owners' company wishes to remove an animal from the program, they must first contact NSW Fair Trading for mediation. Unresolved issues should be referred to the NSW Civil and Administrative Court.
Treatment with service animals
The owners' corporation should not make any additions to its bylaws to prohibit residents from keeping their service animals.
Nonetheless, they can still require residents to provide proof of their helper animal status, which is limited only to accreditation from an animal training organization. Recognized assistance, a license from the NSW Service or a signed statement that the animal has been trained. to help the resident.
Ownership companies are not permitted to require residents with service animals to submit private medical records as evidence.
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