Pets

In this chapter we look at the perinial problem of pets in units and some possible solutions.

pets

Pets in units is one of the major causes of disputes in Body Corporates.

It can be :

  • a tenant keeping a cat with or without the owner's approval
  • an owner who works and leaves their dog yapping in their yard
  • a screeching cockatoo on a summer sunday morning
  • a refusal to consider any applications to keep a pet

There are local government laws and regulations that apply to the keeping of dogs and cats.

See the links below for legislation and hints.

Legislation - Strata Titles Act

Click on Legislation above, to view strata title legislation and hints.

Legislation - Community Titles Act

Click on Legislation above, to view community title legislation and hints.

Legislation - Local Government laws

Click on Legislation above, to view the Legal Services Commission paper on dogs & cats.

 


Best Practice

Check the Articles (Strata Title) or By Laws (Community Title) to see if the group has already given approval with or without conditions.

Application to keep and animal:

All owners may apply to keep an animal. The Magistrates Court has ruled that all applications must be considered on their merits.

The Management Committee can decide the matter quickly provided the group has not limited its powers in this matter.

Pets - hints for an application? Sometimes Where an owner or agent for a purchaser needs to make an application for a pet it may help the application if:

  1. they supply a photo of the pet (assumes an attractive smaller animal, not great dane or doberman) and advise the manager that:
    1. the animal will be kept in the unit if this is the case,
    2. the age of the pet if older and sendentary,
    3. if the pet is desexed
    4. will ensure the pet doews not cause a nusiance to other residents

Court Case

The following article appeared in the Sunday Mail in November 2002. We at UnitCare believe the Courts are sending a strong message to Body Corporates and their management committees that each application to keep a pet needs to be considered on its merits. This may equally apply to air conditioners and other works. Click here to view story.

 

Breach Notices - suit Strata Titles

The following sample letters deal differently with Owners with pets and Tenants with pets.

All correspondence is to owners. We suggest that the committee authorise the sending of these letters.

Breach Notices - suit Community Titles

The following sample letters deal differently with Owners with pets and Tenants with pets.

All correspondence is to owners. We suggest that the committee authorise the sending of these letters.

 

Parking

parking

With the increase in car ownership and the lack of additional parking on many older groups, parking can be the cause of disputes in Body Corporates.

It can be :

  • a tenant keeping a cat with or without the owner's approval
  • an owner who works and leaves their dog yapping in their yard
  • a screeching cockatoo on a summer sunday morning
  • a refusal to consider any applications to keep a pet

There are local government laws and regulations that apply to the keeping of dogs and cats.

See the links below for legislation and hints.

Legislation - Strata Titles Act

Click on Legislation above, to view strata title legislation and hints.

Legislation - Community Titles Act

Click on Legislation above, to view community title legislation and hints.

Legislation - Local Government laws

Click on Legislation above, to view the Legal Services Commission paper on dogs & cats.

 

Common Property Use

licence occupy

The use of common property can give rise to concerns amongst body corporate members.

Exclusive use. Sometimes owner occupiers want to use the common property. This might be a piece of land at the rear or side of their unit. They may want it to extend their yard or to provide for an additional car parking space. In some cases the land may be needed to accommodate air conditioning equipment.

The body corporate can grant a Licence to Occupy to an owner. This grants the owner exclusive use for a purpose, time and fee.

Legislation - Strata Titles Act

Click on Legislation above, to view strata title legislation and hints.

Legislation - Community Titles Act

Click on Legislation above, to view community title legislation and hints.

See the Autumn 2005 newsletter for more detail on this matter.