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Can you have a by-law that prohibits the keeping of animals in some circumstances?

Posted 20 May 2024

Category: By-Laws, Pets, eBooks

Yes, in circumstances where the animal would unreasonably interfere with another occupant’s use and enjoyment of their lot or the common property. The circumstances where an animal unreasonably interferes with another occupant’s use and enjoyment of their lot or the common property are listed in the clause 36A of the Strata Schemes Management Regulation 2016 (NSW). Such circumstances are:

  • the animal makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another occupant.
  • the animal repeatedly runs at or chases another occupant, a visitor of another occupant or an animal kept by another occupant.
  • the animal attacks or otherwise menaces another occupant, a visitor of another occupant or an animal kept by another occupant.
  • the animal repeatedly causes damage to the common property or another lot.
  • the animal endangers the health of another occupant through infection or infestation.
  • the animal causes a persistent offensive odour that penetrates another lot or the common property.
  • for a cat kept on a lot—the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 31. for a dog kept on a lot—
  1. the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 32A, or
  2. the animal is declared to be a menacing dog or a dangerous dog under the Companion Animals Act 1998, section 34, or
  3. the animal is a restricted dog within the meaning of the Companion Animals Act 1998, section 55(1).
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This is an extract from our Bannermans Top 10 FAQ’s On Pets By-Laws.

To access more FAQ'S on Pets By-Laws fill in the below form to download our Bannermans Top 10 FAQ’s On Pets By-Laws for free.

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Bannermans Lawyers

Published 20 May 2024
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