Strata laws impacting pet owners (VIC)

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.

Victoria

Victorian strata schemes are governed by the Owners Corporation Act 2006. The Owners Corporations Regulations 2007 include a model rule regarding the keeping of animals as follows:

"3.1 Use of the common property Sch.2

(4) 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.

(5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.

(6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability."

This model rule means that pets are allowed unless it has been resolved not to allow the animal because it is a nuisance or poses a danger. Owners corporations can also make their own pet-related rules by special resolution. The rules must be approved by Land Victoria. Pet owners should check with their owners corporation to see what rules apply to their strata development.

Contact: Consumer Affairs Victoria - Tel 1300 55 8181 (www.consumer.vic.gov.au) – see under Owners Corporations

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