Generally, by-laws are for the “management, administration, control, use or enjoyment of the lots or the common property and lots of a strata scheme”. By-laws can say most things in those categories, subject to the exceptions below.

A by-law cannot:

• prohibit or restrict the keeping of an assistance animal.
• impose an unreasonable burden on a person in relation to their assistance animal – however – it can require a person who keeps an assistance animal to prove the animal is a legitimate assistance animal via evidence or a statutory declaration.
• unreasonably prohibit the keeping of an animal on a lot.

No.

A by-law can ban animals if the keeping of the animal would unreasonably interfere with another occupant’s use and enjoyment of the occupant’s lot or the common property.

It is assumed to be reasonable unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property.

In any one or more of the following circumstances it can be reasonable to ban the animal:

• the animal makes a noise persistently, and the noise unreasonably interferes with the peace, comfort or convenience of another occupant, or
• the animal repeatedly runs at or chases another occupant, a visitor of another occupant or an animal kept by another occupant, or
• the animal attacks or otherwise menaces another occupant, a visitor of another occupant or an animal kept by another occupant (once can be enough), or
• the animal repeatedly causes damage to the common property or another lot, or
• the animal endangers the health of another occupant through infection or infestation, or
• the animal causes a persistent offensive odour that penetrates another lot or the common property.

In addition to the above, a dog unreasonably interferes with another occupant if:

• the dog’s owner fails to comply with a nuisance dog order; or
• the dog is declared to be a menacing dog or a dangerous dog; or
• it is a restricted dog.

A cat unreasonably interferes with another occupant if the cat’s owner fails to comply with a nuisance cat order.

• If the person is keeping an animal within the scheme in contravention of the by-laws, for example, without consent where consent is required.
• Even where someone has approval for their pet or otherwise is keeping an animal in accordance with the by-laws, the Tribunal can order someone to take specified steps or remove the animal if (a) the animal causes a nuisance or hazard to the owner or occupier of another lot or (b) unreasonably interferes with the use or enjoyment of another lot or of the common property.

• The owner/occupier can ask the Tribunal to make an order declaring that they can keep the animal on their lot.
• The Tribunal can only make that order if the by-laws permit the keeping of an animal with the approval of the OC (which cannot unreasonably be withheld) and it finds the OC has unreasonably withheld that approval.

The OC can ask the Tribunal to fine the person up to $5,500.