More than a decade after bylaws prohibiting the keeping of animals in condominium complexes were declared invalid, disputes involving pets are finally on the decline at the Body Corporate and Community Management (BCCM).
The latest data shows that over the past five years, there has been a 33 percent reduction in the number of pet-related disputes filed with the BCCM.
From a peak of 168 disputes in 2017/18, there were only 113 disputes involving pets lodged across the country in the 2022/23 financial year.
The numbers are encouraging from the perspective that corporations, owners, and tenants are becoming more comfortable with the fact that pets are allowed to be kept in corporate complexes in most circumstances.
Without providing an in-depth history lesson, the BCCM Act was amended following two significant appeals that overturned two decisions to allow bylaws that prevented pets from being kept in two different condominium complexes.
One of these decisions, in 2010, involved a successful QCAT appeal that invalidated a by-law prohibiting certain pets.
Shortly afterwards, the legislation was amended (adding section 180 (7) to the BCCM Act) and since then, by-laws prohibiting animals have been invalidated by adjudicators when challenged in this office.
This is not to say that there are no circumstances in which an owner or tenant may be denied permission to have a pet on a property. There may be circumstances where having a pet is not appropriate, but the reasons must be clear and justifiable.
In general, the decision to refuse a pet must not be oppressive, unreasonable or otherwise unlawful.
A common reason some organizations use to deny a pet request is animal welfare, because they have concerns about an animal living in a confined space.
When this is raised, and it is quite often, adjudicators have felt that animal welfare is really the responsibility of the pet owner.
It’s not really a concern of the corporation to consider how often a pet is exercised, and there’s no such thing as a corporation complex that has a no-pet policy.
Of the pet disputes that come before our office, many are resolved through mediation, although many corporations know that an application to keep a pet is not something they can deny lightly.
They must consider each application on its merits and there may be circumstances where having a pet is not appropriate and they can say no.
The keeping of pets in a body corporate is subject to each party agreeing to a set of conditions appropriate to the individual circumstances and the body corporate.
If they say no, the corporation should remain open to further negotiations with the pet owner. If they can’t come to an agreement, then it’s time to file a claim with our office.
Even if a tenant has a phobia or there are allergy issues, there are ways to manage and mitigate these circumstances and that’s where mediation can be most helpful.
We bring the parties together to discuss the options and work through the issues, and there needs to be give and take on both sides.
