Article from: Property 24
28 May 2009

Pets are often the love on one's life, especially as one gets older and children have flown the coup. But pets can also be the bane of a neighbour's life.

When moving into a sectional title scheme, check out the policy relating to pets in your new building before you commit.

Every body corporate has a different view on pets, but whatever it is, it must be consistent and applied equally to everyone, taking into account realistic circumstances. Rules must be registered to be valid. So if the complex has agreed to allow residents to keep dogs - but they have decided only to allow two dogs less than 30 cm high - then this limitation must be registered at the Deeds Office.

The standard rules state that pets are not allowed without the Trustees' written approval, including any reasonable conditions.

Permission 'not to allow pets' cannot be unreasonably withheld! What does this mean? First, if owners in a general meeting have agreed to have no pets at all then this is the rule and no pets are allowed. This not only includes cats and dogs, but all other pets too. So it is important to understand what you intended and make sure that your rules are properly written as this rule would mean that you could not have goldfish or a budgie.

If pets are allowed with reasonable approval from Trustees their conditions could include such reasonable aspects as pets should not be allowed on the common property, must not bark, doggie doos must be picked up, cats may not enter other people's units or gardens, a limit to the number of pets or that pets may not be replaced when they pass away.

Fair, reasonable and even-handed enforcement of these rules is vital. Most problems with pets arise from Trustees treating people differently.

It is also important to remember that a tenant has the same rights as the owner who owns the unit. Tenants cannot be treated differently from owner occupiers.

If you do not have a proper policy, then start one today and stick to it.