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 Conditions to Consider
Some of those common conditions are:
- The animal is not allowed on the common property, except for the purpose of being taken in or out of the scheme land;
- The animal must be on a lead or adequately restrained while on common property;
- The animal must be regularly treated for fleas;
- The animal must not cause nuisance or interfere unreasonably with any person’s use or enjoyment of another lot or common property;
- The animal be kept in good health and free from fleas and parasites;
- Any animal waste must be disposed of in such a way that it does not create noxious odours or otherwise contaminate the scheme; and
- Reasonable steps must be taken to minimise the transfer of airborne allergens from the animal, such as regular vacuuming and/or grooming.
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.
Look at the Model Rules
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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