Summary
There is no default by-law requiring a resident to seek permission to have a pet in a Strata Scheme. However, every Strata Scheme is different, and there may be a specific by-law registered at your Strata property relating to pets.
If so, this will be in the Strata documents you received when you purchased/leased your property. Ultimately, it is your responsibility to always check the by-laws before bringing a pet onto the property.
Should I Apply for a Pet?
There is an application form at the bottom of this page, which you can use to apply for a pet at a Strata Scheme we manage. However, you should read your by-laws first to make sure your Strata Scheme doesn't already have a set process for managing pets and applications.
The default by-law and what it means
The default by-law relating to the keeping of pets is contained in the Schedule 2 by-laws of the Strata Titles Act 1985 - Schedule 2, by-law 12(c)
12. Additional duties of owners and occupiers
An owner or occupier of a lot must not—
(c) keep animals on the lot or the common property, after notice in that behalf given to that person by the council
The usual interpretation of this by-law is that pets are permitted on Strata properties until such a time that they become a nuisance.
Although seeking approval for a pet may not be required, it may be a good idea to apply and check if the Strata Council or Owners have any specific concerns or restrictions regarding pets.
How to apply if you have a by-law
If there is a by-law at the complex which specifies that pets are "subject to approval from the Council of Owners", it is a good idea to present all the information relating to your pet by completing our Pet Application Form below, or providing the required information listed in the by-law. This is usually sent to the Strata Manager who then forwards it to the Council of Owners for their consideration and further instruction.
Please note - tenants (or prospective tenants) will need to forward this information to their Property Manager.
If there is no specific by-law at the complex pertaining to the keeping of pets, the usual interpretation of the standard by-laws above will apply.
Case study where a pet was removed
A Strata Company had written in a specific by-law regarding pets in their complex. The by-law read as follows:
A proprietor, occupier or other resident shall not -
Keep any cat or dog on the lot that he/she owns, occupies in or on the common property; or keep any other pets on the lot that he/she owns, occupies or resides in or the common property without prior written consent from the Strata Council. (sic)
In a 2018 State Administrative Tribunal case, applicants from the aforementioned Strata Company had requested that the Tribunal make an order to have the respondent remove a dog living in her unit in breach of the by-laws. They claimed that the dog was disruptive, not restrained, barked all day and caused undue stress.
The decision was that the dog had to be removed from the complex. You can click here to learn more.
Pet Rulings - NSW Case
NSW pet ruling information
In NSW there was a case where the High Court of NSW ruled that Strata Schemes in NSW will not be able to include by-laws that ban animals.
While this does not currently affect Western Australian legislation it may be a consideration for SAT disputes.
The resolution was unanimous with the three court judges viewing the attempt to ban animals from the scheme as a breach of state legislation.
If you would like to read further you can do so by clicking here.
Does this affect WA?
Whilst the NSW example was ruled that Strata Schemes can NOT ban pets, such a ruling hasn't been made in WA as of writing this article. However, there are rules about what makes a by-law invalid in a Strata Scheme:
Section 46. Invalidity of scheme by-laws
Scheme by-laws are invalid as follows —
(b) to the extent that they are inconsistent with this Act or any other written law;
(h) to the extent that they prohibit or restrict the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is an owner or occupier of a lot;
(i) to the extent that they prohibit or restrict the use on the parcel of an assistance animal by a person with a disability;
(j) to the extent that, having regard to the interests of all of the owners of lots in the strata titles scheme in the use and enjoyment of their lots and the common property —
(i) they are unfairly prejudicial to, or unfairly discriminatory against, 1 or more of the owners of lots; or
(ii) they are oppressive or unreasonable.
I think our by-law is Invalid!
If you or other owners in a Strata Scheme believe that there is an invalid by-law in place (in this particular case), in reference to the keeping of a pet, there a several options for you.
Option 1.
Propose that the ‘invalid’ by-law is rescinded at a General Meeting of the owners. The matter could be discussed with the owners, and the concerns around the by-law can be expressed. A vote would then take place to determine the outcome.
Option 2.
If the first option failed, or you can't/don't want to wait until a General Meeting, you could make an application to the State Administrative Tribunal (SAT) to make a determination that the specific by-law in question is deemed invalid.
In either case, you and/or the Strata Company may wish to seek some legal advice on whether or not the by-law may be interpreted to be “invalid”.