The NSW Strata Schemes Management Act, which came into effect on 25 August 2021, is historically significant for pet lovers. The new rules no longer impose a blanket ban on keeping pets in apartments; instead, reflecting the realities of modern apartment living, they allow households to bring pets into their apartment homes.

According to statistics, before the new rules took effect, 61% of Australian households owned a pet, and 91% of households had kept a pet at some point in their lives. During the pandemic, the companionship of pets became even more important. The previous rules were already considered unreasonable and no longer effective.

However, the new rules will not put an end to pet-related disputes in apartments. Planning Minister Anderson hopes that owners corporations will, where a pet has an unreasonable impact on other residents (including threatening behaviour, persistent noise, damage to common areas, or odour), handle the matter in a more “fair” manner.

Two ways to apply to keep a pet in an apartment:

A: The resident provides written notice within 14 days of the pet first entering the apartment.

B: The owners corporation issues written permission. The owners corporation must not unreasonably refuse. If refused, it must provide written reasons for the refusal.

The owners corporation may obtain pet-related information as needed, for example:

Details of the pet being kept (name, species, age, photos, etc.)

Vaccination records and microchip number of the animal (applicable to pets that are required to be vaccinated and microchipped)

Once the pet begins living in the apartment:

The owners corporation may put in place a reasonable pet management plan, and residents must comply with the following rules:

1. The pet’s movements must remain within the resident’s own unit.

2. When in common areas, the resident must keep the pet under control.

3. When the pet causes issues in common areas that require cleaning, the necessary measures must be taken.

Situations in which a pet may be removed from the property:

Where a pet causes an unreasonable impact, the owners corporation or other residents have several options to raise the matter first. These steps of negotiation are all necessary before the pet is completely removed from the property.

1. Resolve under the Strata Schemes Management Act

When a pet causes an unreasonable impact, the best approach is to first speak with the pet’s owner and discuss where the problem lies.

Residents can resolve disputes between each other in accordance with the provisions of the Strata Schemes Management Act.

If the pet’s behaviour does result in its owner breaching the relevant rules, the owners corporation may issue a notice of breach to that owner.

2. Seeking a Nuisance Order

The owners corporation or other residents may apply to the Local Court for a nuisance order in relation to a cat or dog causing a disturbance.

If a nuisance order has been issued against the pet’s owner, they must comply with the order. Failure to properly restrain their pet may result in a fine.

It should be noted that the Local Court will require relevant evidence or multiple incidents of the pet’s behaviour in order to assess the matter. Specific details can be obtained from the Local Court’s website.

3. Animal Prohibition

If the owners corporation or a resident wishes to have an animal removed from the property, they must first go to NSW Fair Trading for mediation. If the matter is still unresolved, it may be escalated to the NSW Civil and Administrative Tribunal (NCAT).

When an animal’s disturbance, harm, or unreasonable impact on other residents in the apartment contravenes the Strata Schemes Management Act, it may be removed from the property.

Which pet behaviours constitute an unreasonable impact:

• Making persistent noise that unreasonably interferes with another resident’s peace, comfort or convenience
• Repeatedly running at or chasing another resident or animal
• Attacking or menacing other residents or animals
• Repeatedly causing damage to common property or another lot
• Transmitting infection that endangers the health of other residents
• Causing persistent odour that penetrates other lots or common property
• Cats — where the cat’s owner has failed to comply with a nuisance order issued under section 31 of the Companion Animals Act 1998
• Dogs — where the dog’s owner has failed to comply with a nuisance order under section 32A of the Companion Animals Act 1998
• Dogs — where, under section 55(1) of the Companion Animals Act 1998, the dog is a restricted dog
• Dogs — where, under section 34 of the Companion Animals Act 1998, the dog has been declared dangerous or menacing.

Residents must comply with the following rules:

• The pet’s movements must remain within the resident’s own unit.
• When in common areas, the resident must keep the pet under control.
• When the pet causes issues in common areas that require cleaning, the necessary measures must be taken.

Rights and obligations of residents who keep pets:

• Residents still need to obtain the landlord’s permission.
• Residents are not required to pay a pet bond.

NS Legal Tip

As can be seen, NSW’s new strata management rules have been carefully considered. Once you do bring a pet into an apartment-type property, as a resident you should strictly follow the relevant rules and give careful thought to whether your beloved pet is causing inconvenience to others — that is the proper way to live harmoniously and neighbourly.