Strata laws impacting pet owners (SA)

As a strata resident, you are subject to the rules or by-laws (sometimes also known as articles or memorandums) of your strata scheme. Likewise, your strata scheme is subject to the strata laws of your state or territory government.

So as a pet owner, you are impacted by both your strata community’s by-laws and your state legislation.

You should never keep a pet in strata accommodation without being sure the by-laws permit pets and you have any necessary approvals.

Strata By-Laws

When you need information, your first step should be to get a copy of your strata by-laws from the owners corporation. Should a dispute arise you may need to contact your relevant state government department for further help or information.

Please note that in accordance with various federal and state legislation strata by-laws cannot exclude or restrict guide, hearing and assistance dogs.

If you are renting in a strata development and experience difficulties you may need to contact the relevant residential tenancy department as well as – or instead of – the government department that covers strata legislation.

South Australia

South Australian Bodies Corporate are subject to two Acts. Corporations created before 1996 are subject to the Strata Titles Act 1988. Corporations created after 1996 are subject to the Community Titles Act 1996.

The Strata Titles Act 1988 prescribes a default ruling regarding the keeping of animals. The Community Titles Act 1996 requires that by-laws specific to each group are created and these by-laws may or may not include rulings in relation to the keeping of animals.

The clause relating to the keeping of animals in the Strata Titles Act 1988 is as follows:

Schedule 3—Articles of strata corporation

"4. Subject to the Strata Titles Act 1988, a person bound by these articles must not, without the strata corporation's consent, keep any animal in, or in the vicinity of, a unit."

This default ruling applies to Strata Corporations and means that a resident must have the approval of the Corporation to keep an animal. According to the Strata Titles Act 1988, Corporations may adopt Schedule 3 of the Act as the Articles of their Corporation or, subject to the appropriate approval processes, may make changes to these Articles to suit their Corporation.

Community Corporations can use the by- laws lodged at inception of the Corporation, or they can modify them or make their own rulings specific to the keeping of animals by Special Resolution.

Articles or by-Laws cannot prevent an occupier or visitor to a Corporation from having a disability assistance animal at the premises.

Contact: South Australia Departments of the Attorney-General, Legal Services Commission - Tel 1300 366 424 (www.lsc.sa.gov.au) - See under handbook/housing/strata titles

This information is provided as a guide only, it is not a substitute for legal advice. The recipient must at all times comply with local and strata title regulations and any other law.

Ref: Strata Community Aust