Strata laws impacting pet owners (Tasmania)

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.

Tasmania

Tasmanian strata communities are subject to the Strata Titles Act 1998. The Act provides a clause regarding the keeping of animals as follows:

Schedule 1

"7. Keeping of animals

(1) Subject to subclause (2), the occupier of a lot must not, without the body corporate’s written approval: (a) bring an animal onto, or keep an animal on, the lot or the common property; or (b) permit an invitee to bring an animal onto, or keep an animal on, the lot or the common property.

(2) If a person reasonably requires the assistance of a guide-dog by reason of impairment of sight or hearing, the person is entitled to be accompanied by a guide-dog while on a lot or the common property and, if the person is the owner or occupier of a lot, is entitled to keep a guide-dog on the lot."

This standard by-law means that a resident must have written approval from the body corporate before they bring an animal onto the property. Body corporates can make use of the standard by-law or they can register their own by-laws with the Recorder of Titles. This means that Tasmanian by-laws can vary widely. Pet owners should check with their body corporate to see what rules apply to their strata development.

Contact: Land Titles Office – Tel 6233 3659 (www.dpiw.tas.gov.au) – See under strata schemes/Strata Living in Tasmania

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