Disputes about animals in a body corporate
This information explains how you can dispute a body corporate decision about an animal and when the body corporate can reasonably say no.
You need to understand your scheme’s animal by-laws if you want to have an animal on the property.
If you disagree with your body corporate’s decision about approving or not approving an animal within the scheme, you can:
By-laws prohibiting animals
By-laws which prohibit animals—including the type, breed, number, weight or size—are invalid.
If your scheme has a prohibitive by-law, steps should be taken to have the by-law changed. You can read more on:
When a body corporate might reasonably say no
A body corporate cannot refuse a request for an animal on the grounds that ‘no pets are allowed’, but it can impose reasonable conditions when approving pets.
A request for an animal can only be refused when one of the following situations applies:
- Keeping the animal poses an unacceptable risk to other owners or occupiers, and either
- the risk cannot be managed with reasonable conditions
- the occupier is unwilling or unable to keep the animal according to the reasonable conditions.
- Keeping the animal is not permitted under other laws (e.g. local council or government rules).
- The animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008.
- Keeping the animal would unreasonably interfere with
- another owner or occupier using and enjoying the property, and the interference cannot be managed with reasonable conditions.
- native wildlife that live on, or visit, the scheme land, and the risk cannot be managed with reasonable conditions.
- The occupier does not agree to the reasonable conditions proposed.
Concerns of owners
Owners and occupiers often have concerns about having animals in a community titles scheme. The main issue a body corporate must consider is whether it is likely there will be a negative impact on common property, or on any person living at or visiting the scheme.
The genuine concerns of most owners can be eased by setting reasonable conditions, which may be more appropriate than outright refusal.
Adjudicators’ decisions
When helping to resolve disputes, adjudicators make orders on a variety of issues relating to animals.
Orders could include:
- overturning committee decisions on animal approvals
- invalidating unreasonable by-laws
- removing animals that cause nuisance.
Importantly, adjudicators orders should be used as a guide only, as the unique circumstances of each situation may give a different outcome.
Adjudicators’ orders are published on Australian Legal Information Institute.
Guide, hearing and assistance dogs
If you have a disability under the Guide, Hearing and Assistance Dogs Act 2009 and rely on your animal, you do not need to ask permission before bringing a dog into a body corporate property.
Find out more about where you can take your guide dog.
