Having an animal in a community titles scheme may be regulated by the scheme’s by-laws. This information explains the different types of animal by-laws and how you can get approval for your pet.
The information on this page only applies if your body corporate has a community titles scheme (CTS) number and CMS registered with Titles Queensland. This means it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).
To find out which Act and regulation your body corporate is registered under, contact Titles Queensland. If you don’t have a CMS registered, the scanned survey plan may tell you which Act applies to your body corporate.
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.
Before you keep or bring an animal on a lot or common property, you must check your scheme’s by-laws to find out whether you can. Most of the time the by-laws will say you need to request approval.
Your by-laws can usually be found in your scheme’s CMS, available from Titles Queensland.
Some by-laws (such as prohibitive animal by-laws) may be invalid, even if they are included in your CMS.
Prohibitive animal by-laws
Some schemes have by-laws that do not allow animals at all. Others will prohibit animals of a particular breed or weight. These are called ‘prohibitive by-laws’.
The legislation states that prohibitive by-laws are invalid.
However, if your body corporate has this type of by-law, the committee cannot approve an animal that the by-law prohibits.
If you are an owner who wants to keep an animal in a scheme with a prohibitive animal by-law, you can propose a motion to change the by-law.
If you try to change the invalid by-law and aren’t successful, you may consider disputing that decision and/or the validity of the by-law through our office.
Permissive animal by-laws
The legislation allows by-laws that permit animals if you get approval from the body corporate first. This type of by-law is considered a ‘permissive by-law’.
Most requests to keep or bring an animal into the scheme can be decided by the body corporate committee.
However, if approving the animal is a restricted issue for the committee (e.g. an issue reserved for decision by ordinary resolution), the request must be decided by the body corporate at a general meeting of owners.
Requesting approval
If you have a permissive animal by-law, you must submit a written request to:
the secretary
a body corporate manager authorised to carry out some or all of the secretary’s powers
or
the chairperson in the secretary’s absence (Treasurer in schemes regulated under the Small Schemes Regulation module).
The written request can be made using an animal request form (BCCM form 31). However, you should first check with your body corporate to see if they have a preferred form for animal applications.
Conditions of approval
Sometimes animal by-laws include conditions that people living in the body corporate must comply with when they bring an animal into the scheme.
The body corporate can impose conditions at their discretion when they give approval to keep an animal on a lot, even if there are already conditions written in the by-law.
Conditions are used to minimise the impact of an animal on other occupiers and common property. Conditions should reflect the circumstances of each individual case.
A body corporate must act reasonably when setting conditions.
Common conditions that bodies corporate may impose on keeping 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 be kept in good health and free from fleas and parasites.
The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property.
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 body corporate or written in the by-laws, the body corporate may withdraw approval for your animal and ask you to remove the animal from the property.
Reasons for refusal
The body corporate may only refuse your request where:
Keeping the animal poses an unacceptable risk to other owners or occupiers and either
the risk cannot be managed with reasonable conditions
you are 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’s use and enjoyment of 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.
You do not agree to the reasonable conditions proposed.
Deemed approvals
If the committee does not make a decision within 21 days after a request is received (the ‘prescribed period’), the animal is considered (or deemed) approved. For a vote outside of a committee meeting (VOCM), this timeframe is called the ‘relevant period’ instead.
Alternatively, if a general meeting is needed to decide the request, the animal will be deemed approved by the body corporate if either:
a general meeting is not called within 21 days after the request is made (the ‘relevant period’)
the body corporate does not decide the request within 6 weeks after the general meeting notice is sent out (the ‘prescribed period’).
Notice of body corporate decision
Written notice of a committee or general meeting decision must be given to the person who made the request as soon as practicable afterwards.
For any decisions deemed approved, written notice must be given:
for a committee approval—as soon as practicable after the end of the prescribed period (or the relevant period for a VOCM)
for a general meeting approval—as soon as practicable after either
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.
Causing nuisance
The legislation prohibits occupiers from using or permitting the use of their lot in a way that:
causes a nuisance
interferes unreasonably with the use or enjoyment of another lot or common property.
Adjudicators have ordered animals to be removed in cases where:
a person did not control their animal’s behaviour
and
the animal’s behaviour was found to be causing a nuisance.
Before moving into a body corporate property
Buying
If you want to buy 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. If they are unsuccessful, they can then lodge a dispute application with us.
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.
Tenants may need approval from their landlord to keep an animal on their lot. The timeframes and processes for getting body corporate approval for animals also apply to tenants.
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.
