Pets are part of the family but it is completely understandable that an OC Committee might want to pause for thought, before giving the ‘paws up’ to a new addition to the neighbourhood.
Some Owners Corporation communities have specific rules which put specific conditions on animal visitors and residents.
This may govern the size of the pet, how the animal is to be transported through common areas, as well as conditions governing pet behaviour.
Some of those common conditions are:
However, an Owners Corporation cannot prohibit an assistance animal from living on site and, according to a 2016 case, it is debatable whether an OC can reasonably prohibit people having pets.
Guidance should be taking from the Model Rules:
Model rule 3.1(4) set out in the Owners Corporations Regulations 2007 provides that if the Owners Corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal. Model rule 3.1(5) requires an owner who is served with such a notice to remove the animal.
Under s.140 of the Owners Corporations Act 2006 (OCA) a rule is of no effect if it is inconsistent with or limits a right any Act or Regulation. That includes the Owners Corporations Regulations, and consequently the model rules.
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