Avoid A Cat Fight - Pet Friendly Apartments
Australia has the highest level of pet ownership in the world with approximately 70% of households having one or more pets*. Furthermore, a survey conducted by the Australian Bureau of statistics indicated that of the people who didn't have a pet, 53% of them would like to do so in the future. With such high pet ownership figures, why is it that so many owners' corporations (i.e. owners of properties in a strata title development) still do not allow residents to keep a pet, particularly a dog or cat?
The standard by-law for most strata developments is that the Owners' Corporation cannot unreasonably refuse the keeping of a pet. Factors that may constitute reasonable refusal include if the dog is considered too big, too noisy, is aggressive or destructive. In other cases it may be because the owners in the block have purchased based on the understanding that pets are not allowed. In some instances a specific by-law may have been added stating the keeping of animals such as cats and/or dogs is strictly prohibited.
Before signing a contract to purchase, buyers with pets, or wanting a pet in the future, should research the by-laws of any property that takes their interest. Never presume that once you move in things will work out for the best. The first step is to ask the real estate agent whether they know about other residents having pets. This is not always a guarantee though that pets are allowed because some developments may have changed the by-law stating that no new pets are allowed. If the real estate can't give you the answers you need, contact the strata manager. The strata manager will be able to check the by-laws for pet regulations. If this doesn't provide any firm answers then the strata manager should be able to put you in contact with a member of the owners corporation.
If you keep a pet without consent (and they find out) the owners corporation has the right to serve a notice to comply. Failure to comply risks a $550 fine. If compliance does still not take place then the matter may be referred to the Consumer, Trader and Tenancy Tribunal where a penalty of up to $5500 can be imposed.
Pet-friendly strata apartments are rare, so when one does come up for sale, the level of enquiry can be more than three times that of other properties. In most cases pet friendly apartments and townhouses sell quicker because pet owners know the opportunity may not arise again for some time. Competition between buyers can also help push prices up.
Disputes over pets is a common complaint in strata developments. Barking dogs and straying cats are the main offenders. To avoid problems pet owners should be mindful of their pets' behaviour at all times of the day and night, particularly when they are not at home.
Tenants with pets can have an even tougher time finding strata accommodation than people purchasing. Not only must they seek approval from the Body Corporate but the landlord too. Even if the Owners Corporation allow the keeping of pets, many landlords have a strict no-pets policy.
In all instances it doesn't hurt to put together a "pet resume". This should include a description of the animal (e.g., size, age, appearance), whether the animal is micro-chipped, de-sexed and vaccinated and if they have undergone obedience training. Pet references can also be very helpful. Ask past landlords, real estate agents and neighbours to ascertain that you are a responsible pet owner and your pet hasn't caused any problems in the past.
If a strata development does have a pet friendly policy, there are usually rules in place outlining the owners' responsibilities. Common stipulations include that the pet must be kept on a leash and under control when on common property, that all mess caused by the pet must be cleaned up immediately and importantly, that the pet must not cause a nuisance or disturb the quiet enjoyment of other residents. In some cases the pet owner may be required to seek permission from surrounding neighbours before keeping a pet.
If the pet owners request is rejected and they feel the decision was unreasonable then the next step is mediation. This can be done with a private mediator or through the Office of Fair Trading. If mediation isn't successful then the next step is adjudication. The adjudicator considers written submissions made by the parties involved to reach a decision on the matter. If either party believes the adjudicators decision is still unreasonable then the next step is an appeal to the Consumer, Trader and Tenancy Tribunal. After this the final step is the Supreme Court.
For more information we suggest you visit the Office of Fair Trading website (www.fairtrading.nsw.gov.au) or give them a call on 13 32 20.
* Australian Companion Animal Council.