Common questions

Can a strata make you get rid of your dog?

Can a strata make you get rid of your dog?

Strata corporations can restrict owners, tenants and other occupants from keeping pets or certain kinds of pets through the bylaws of the strata corporation. The bylaws might do any of the following: limit the kind of pets that can be kept, such as no dogs, or no dogs over 20 kilograms.

Can strata deny pets?

Animals entering the scheme An owners corporation can only refuse to allow an animal into the strata scheme if the animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property.

Can an apartment building say no pets?

Some landlords just say no when it comes to pets, and California law allows them to do so. If your lease specifies that you may not have pets, your landlord can evict you for getting one. The Federal Fair Housing Act, however, supersedes a landlord’s no pet policy.

Can strata say no to dogs?

On 24 February 2021, the NSW parliament passed the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 (the Sustainability Act), which provides that in NSW, owners corporations will not be able to unreasonably deny permission for residents to have pets.

Can a strata evict an owner?

Eviction is a remedy that strata may obtain against a tenant (not an owner) under s. 138 of the SPA. In The Owners, Strata Plan VR 390 v.

Are pets allowed in apartments NSW?

The new laws put an end to blanket bans on animals in apartment blocks. Existing by-laws which unreasonably prohibit the keeping of an animal in an apartment will have no force or effect in strata blocks.

Can a body corporate force you to get rid of your pets?

Once the decision has been made to withdraw consent following the correct process, the owner of the pet is no longer entitled to carry on keeping that pet. However, the body corporate is not allowed to forcibly remove a pet from any person’s possession.

What happens if you don’t tell your landlord about a pet?

In some cases, your landlord may fine you if you sneak in a pet without approval. If your landlord asks for an amount not detailed in the lease, you may be able to file a case in civil court to recoup your costs, but the court doesn’t have the legal right to allow you to keep the pet.

How can I hide my pet from my landlord?

5 days ago
If you want to hide your pet from your landlord, always cover up any evidence (odor, hair). Vacuum your house thoroughly, including the couches, curtains, and the rugs/carpets. Regularly make use of scented candles, room sprays to mask the pet smell. A portable air purifier can help in eliminating the pet odor.

Can you refuse to pay strata?

Short answer: No! An owner’s obligation to pay strata levies is independent of any other matter between the owner and the body corporate. Therefore, if an owner refuses to pay his/her/its strata levies – the owner will become non-financial, and incur interest at 30% (or such lesser rate set by the body corporate).

What happens if you dont follow strata rules?

NSW strata residents in breach of any by-law, risk that the Owners Corporation makes an application to NCAT for the imposition of a civil penalty for breaching the by-law. This penalty carries a monetary penalty of up to 10 penalty units (which is $1,100).

Can I be evicted for having a pet NSW?

The Tenants Union believes that you cannot be evicted unless your landlord can prove your pet is causing a nuisance, damaging the property or endangering the safety of neighbours. Your landlord, however, may give you a Notice to Vacate for simply having a pet.

What are the by-laws for keeping pets in strata?

Section 32 and Section 70 of the Strata Management Act 2013 allow the Management Bodies to make and amend additional by-laws to regulate the keeping of pets. JMBs and MCs will require a special resolution passed at a general meeting while developers will require the Commissioner of Buildings’ approval.

Can you have a pet in an apartment in NSW?

Answer: Apartment landlords in NSW are perfectly entitled to say to their tenant ‘No pets allowed’. Bylaws bind owners and tenants. There’s no reason why a bylaw can’t say that a tenant, for example, has to pay a bond to the Owners Corporation before moving a pet into the building, if they’re allowed to do so.

What to do if dog is barking in strata?

Try and resolve the dispute with the owner of the dog. If that doesn’t work, your final step and port of call is to go to NCAT to seek in order for either the dog to be removed, or to compel the owner to take steps to stop the dog barking. This post appears in the September 2021 edition of The NSW Strata Magazine.

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