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Your body corporate may have animal by-laws that regulate whether you can have an animal. The wording of the by-law will determine your rights and responsibilities about having animals.
a community body corporate or precinct body corporate under the MUD Act
a principal body corporate or primary thoroughfare body corporate under the IRD Act and SCR Act.
The Acts listed above only apply to bodies corporate that donot have a community management statement (CMS) recorded at Titles Queensland.
If your body corporate has a community titles scheme (CTS) number and a CMS registered, it falls under the Body Corporate and Community Management Act 1997 (the BCCM Act).
If you’re not sure, contact Titles Queensland to find out which Act your body corporate is registered under.
Read about animal by-laws if your body corporate has a CMS registered.
Check the by-laws
If you want to keep or have visits from an animal on your lot, you must check your body corporate’s by-laws to find out whether you can.
The by-laws will also tell you if you need to ask permission from your body corporate to keep an animal.
Subsidiary bodies corporate by-laws are listed in schedule 3 of the Building Units and Group Titles Act 1980 (BUGT Act). The body corporate may have amended, added to, or removed these by-laws. Any changes are registered on the body corporate’s survey plan held at Titles Queensland.
Higher-level bodies corporate may also have by-laws that regulate animals on body corporate land or an owners lot under the:
Learn more about what by-laws apply in subsidiary and higher-level bodies corporate.
Guide, hearing and assistance dogs
If you have a disability under the Guide, Hearing and Assistance Dogs Act 2009 (GHAD Act) and rely on your animal, you do not need to ask permission before bringing a dog into a body corporate property.
A by-law for a subsidiary body corporate would be invalid if it prohibits or restricts a registered guide, hearing or assistance dog from being:
kept on a lot used by an owner or occupier
taken onto a lot or the common property by a person who has a disability and relies on that dog.
Higher-level bodies corporate cannot make a by-law that limits a guide, hearing or assistance dog on lots or the common property.
Concerns of owners
Owners and occupiers often have a range of concerns about having animals in a body corporate property. The main issue a body corporate should consider is how likely an animal will negatively affect:
common property
any person living at or visiting the scheme.
The genuine concerns of most owners can be eased by setting reasonable conditions.
Invalid animal by-laws
Even if a by-law is registered, that does not make it valid.
There are some limitations on by-laws. For example, the BUGT Act states that a subsidiary by-law that prohibits or restricts a registered guide, hearing or assistance dog cannot be enforced.
No by-law about animals
If there is no specific by-law that regulates animals at the body corporate property, 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 body corporate’s property, and whether your animal is likely to cause a nuisance to other occupiers in your scheme.
Nuisance
The BUGT Act prohibits owners, occupiers and lessees from using or allowing their lot to be used in a way that:
causes a nuisance or hazard
interferes unreasonably with the use or enjoyment of another lot or common property.
Referees can order an animal’s owner to do something to stop the nuisance, hazard or unreasonable interference, including removing the animal.
If you want to buy a property in a body corporate, 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.
Renting
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.
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.
Disputes about animals in a body corporate
You need to understand your body corporate’s animal by-laws if you want to:
keep or bring an animal on the property
dispute a decision of the body corporate about an animal.
If you disagree with your body corporate’s decision about approving or not approving an animal within the body corporate property, you can:
