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This information is relevant to all community titles schemes in Queensland.
Having an animal in a community titles scheme may be regulated by the scheme’s by-laws, which you can normally find in the scheme’s community management statement (CMS).
There are many different types of by-laws relating to animals, and the wording of your scheme’s by-law will determine your rights and responsibilities about keeping animals there.
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.
Owners and occupiers often have a range of concerns about having animals in a community titles scheme. The main issue for a body corporate is the likelihood of 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.
If you want to keep an animal on your lot, you must check your scheme’s by-laws to find out whether you can keep an animal or have an animal visit.
The by-laws will also tell you if you need to ask permission from your body corporate to keep an animal. Most of the time an owner or occupier will need to ask for permission.
A by-law’s inclusion in your scheme’s CMS does not make it a valid by-law. There are some limitations on by-laws, as per Section 180 of the Body Corporate and Community Management Act 1997 (the BCCM Act). For example, a by-law must not be oppressive or unreasonable toward the interests of all owners and occupiers and the use of the common property.
No by-law about animals
If there is no specific by-law that regulates animals at the scheme, you do not need to ask for permission to keep an animal within your lot. However, you must still consider the other body corporate by-laws, such as noise.
You should consider if the animal is suitable for living in your lot, as well as your scheme, and whether your animal is likely to cause a nuisance to other occupiers in your scheme.
Nuisance
The legislation prohibits occupiers from using or permitting the use of their lot in a way that causes a nuisance or interferes unreasonably with the use or enjoyment of another lot or common property.
The committee may withdraw approval for an animal if there is evidence the animal is causing a nuisance to other owners or occupiers of the scheme.
Adjudicators have ordered the removal of animals where the person keeping the animal has not controlled their animal’s behaviour, and that behaviour was found to be causing a nuisance.
Permissive animal by-laws
A common by-law about animals is one that allows animals if you get approval first. Usually the committee can decide.
This type of by-law is considered a ‘permissive by-law’ as it allows the keeping of animals with prior approval.
If you want to have an animal in a body corporate with this type of by-law you should ask for permission by writing to the committee. They cannot unreasonably refuse a request by a person asking for an animal.
You can request approval if you are:
an owner
an occupier
a prospective purchaser
a prospective occupier.
If the body corporate says no to your request, you may consider disputing the decision through our office if you think the decision was unreasonable.
Conditions
Sometimes animal by-laws include conditions that people living in the body corporate must comply with when they bring an animal into the scheme.
If conditions are not written in the by-law, the committee can impose conditions at their discretion when giving approval to keep an animal in a lot.
Conditions are used to minimise any impact from the animal on other occupiers and common property. Conditions should reflect the circumstances of each individual case.
A committee must act reasonably when setting conditions.
Common conditions
Common conditions bodies corporate may impose on the keeping of animals include:
The animal is not allowed on the common property, except for the purpose of being taken in or out of the scheme land.
The animal must be on a lead or adequately restrained while on common property.
The animal must be regularly treated for fleas.
The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property.
The animal be kept in good health and free from fleas and parasites.
Any animal waste must be disposed of in such a way that it does not create noxious odours or otherwise contaminate the scheme.
Reasonable steps must be taken to minimise the transfer of airborne allergens from the animal, such as regular vacuuming and/or grooming.
The committee can withdraw approval for the animal to remain on the scheme if the specified conditions are not complied with.
The approval only applies to the animal in the application and does not allow the keeping of any additional replacement or substitute animals on the lot.
If you do not comply with the conditions imposed by the committee or written in the by-laws, the committee may withdraw approval for your animal and ask you to remove the animal from the property.
Prohibitive animal by-laws
Some bodies corporate have by-laws that do not allow animals. These are called prohibitive by-laws.
Some will prohibit all animals without exception. Others will prohibit all animals of a particular type, such as cats, dogs, or dogs over 10kg.
The committee cannot approve an animal that the by-laws prohibit.
If you, as an owner, want to keep an animal in a scheme with a prohibitive animal by-law, you could propose a motion to change the by-law.
If your attempt to change the by-law is not successful, you may consider disputing that decision and/or the validity of the by-law through our office.
Before moving into a body corporate property
Buying
When looking at buying a property in a community titles scheme, you may want to ask the body corporate’s permission to keep an animal on the lot you wish to purchase.
We do not have jurisdiction to resolve disputes between purchasers and bodies corporate. However, the owner selling their lot could attempt to resolve the matter, and then lodge a dispute application with us if they are unsuccessful.
They could name the purchaser as an ‘interested party’ for the dispute.
Yeah it’s me … Boxie … your Body Corporate info guy from BCCM.
Today I want to talk to you about pet reforms under the Residential Tenancies and Rooming Accommodation Act and how they affect bodies corporate.
Firstly, the new rental reforms mean landlords cannot refuse an application from a tenant to house a pet without proper grounds. Unless landlords have a valid reason for refusing, pet applications will get the green light from landlords.
But before tenants in a body corporate can apply to their landlord to keep a pet, they should first check the body corporate by-laws won’t stop them from keeping a pet.
Each body corporate has its own set of by-laws. Nearly all will have specific wording relating to animals. Some bodies corporate have permissive by-laws regarding animals, but may have conditions attached such as not taking pets into certain common areas.
Tenants should have a copy of their body corporate by-laws as a part of their tenancy agreement. Otherwise, they can ask their landlord for a copy.
Avoiding disputes is easy. Ensure all application requests are in writing and remember that landlord approval to keep a pet is not enough. Approval should be sought from the body corporate as well as they are responsible for enforcing by-laws.
Any disputes arising from pet applications can be addressed by lodging a conciliation application with our office.
Search BCCM and renting in a body corporate to find more information on our website.
If your application for an animal is not successful, you may consider disputing the decision through our office if you believe the decision is unreasonable.
