In October 2020 the NSW Court of Appeal ruled that a certain by-law in a strata scheme that imposed a blanket ban on the keeping of animals was oppressive and therefore invalid.
Now the NSW Parliament has gone a step further and passed a new law, the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021, which states that a by-law or an owners corporation decision under a by-law that unreasonably prohibits the keeping of an animal on a lot has no force or effect.
The Act further provides that it is reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another resident’s use and enjoyment of their lot or the common property.
The new law is expected to come into force in mid-2021, however, it will not allow open slather for the keeping of pets. Obviously, a dog that happens to howl or bark all night or attacks other residents on common property will not be protected by the new law. But the days of blanket bans on the keeping of pets are well and truly over.
May 2021