Pets in strata? The short answer: yes, in many Melbourne strata buildings you can keep a dog, cat or other pet. But whether an owners corporation can restrict an animal depends on the building’s registered rules, the Owners Corporations Act 2006 (Vic), the Owners Corporations Regulations 2018 and the circumstances of the particular animal.
One important point is often misunderstood: Victoria does not have the same owners corporation pet-approval regime as some other Australian states. The Victorian model rules do not say that every resident must apply to the owners corporation for permission to keep a pet.
Instead, the model rules focus principally on whether an animal presents a danger or causes a nuisance on common property.
Can You Have a Pet in a Strata Building in Victoria?
In many cases, yes.
Under Victoria’s current model owners corporation rules, there is no general rule prohibiting residents from keeping animals in their private lots.
Model Rule 4.1 provides that if an owners corporation resolves that a particular animal is a danger or is causing a nuisance to the common property, the OC must give reasonable notice of that resolution to the owner or occupier keeping the animal. The person keeping the animal must then remove it.
Those provisions do not apply to an animal that assists a person with an impairment or disability.
That means the model rules generally deal with the actual behaviour or impact of an animal rather than imposing a blanket prohibition on pet ownership.
However, individual owners corporations can make their own registered rules, so residents should always check the rules applying to their particular building.
What Victoria’s Owners Corporations Act and Model Rules Say About Pets
Owners corporations in Victoria operate under the Owners Corporations Act 2006 and the Owners Corporations Regulations 2018.
All owners corporations have rules. Where an OC has not made its own rule covering a matter addressed by the model rules, the relevant model rule applies.
For animals, Model Rule 4.1 is particularly important.
It provides that where the owners corporation has resolved that an animal is a danger or is causing a nuisance to common property:
* the OC must give reasonable notice of the resolution to the person keeping the animal; and
* the owner or occupier must remove the animal.
The assistance-animal exception means those removal provisions do not apply to an animal assisting a person with an impairment or disability.
Owners corporations can also make their own rules, including rules dealing with animals, but those rules must fall within the OC’s statutory rule-making powers, must not conflict with other laws and must not unfairly discriminate against a lot owner or occupier.
Consumer Affairs Victoria cautions that a blanket rule prohibiting all pets may be unfair. A more targeted rule dealing with animals that may damage property, create a danger or nuisance, or breach council requirements is more likely to be defensible.
Any OC-made rules must also be properly registered with Land Use Victoria to be enforceable.
Can an Owners Corporation Ban Pets Completely?
A blanket prohibition may be legally problematic.
A useful Victorian decision is Owners Corporation SP24474 v Watkins [2016] VCAT 1312. The owners corporation in that matter had registered rules prohibiting pets both on common property and inside private lots.
VCAT found the rule prohibiting pets in private lots invalid. It also found that the common-property prohibition unfairly discriminated against pet owners in the circumstances of that particular subdivision.
The decision does not mean that every rule restricting an animal will automatically be invalid. An owners corporation may be able to make reasonable rules regulating how animals use common property, provided the rule falls within the OC’s powers and is not unfairly discriminatory.
The important distinction is between reasonable regulation of an animal and an indiscriminate prohibition.
Do You Need to Apply for Pet Approval?
There is no universal Victorian owners corporation application process for pets.
Whether you need OC approval depends on the registered rules applying to your building.
Some owners corporations have special rules requiring residents to notify the OC about an animal or seek consent before keeping one. Others rely on the model rules and do not operate a formal approval process.
Before bringing a pet into an apartment building, obtain a current copy of the owners corporation rules from the OC manager, secretary, landlord or rental provider.
Check whether the rules:
* require notification or approval;
* regulate dogs or other animals on common property;
* require animals to be restrained or carried in particular areas;
* prohibit animals from specific facilities such as pools or gyms; or
* impose reasonable requirements relating to nuisance, safety or cleanliness.
If an approval process exists, follow the wording of the registered rule.
What Happens If Your Pet Causes Damage or Disturbance?
Pet owners and occupiers remain responsible for complying with applicable OC rules and for preventing their animals from creating unreasonable interference with other residents or common property.
An animal that repeatedly barks, behaves aggressively, damages common property or creates ongoing hygiene problems may trigger action by the owners corporation.
Under the model rules, if the OC resolves that an animal is a danger or is causing a nuisance to common property, it can give reasonable notice requiring its removal.
Separately, where there is an alleged breach of the Act, Regulations or an owners corporation rule, the statutory complaint process may apply.
A formal Notice to Rectify Breach currently gives the person 28 days to rectify the breach. If it is not rectified, the owners corporation may issue a final notice and may ultimately take the matter to VCAT.
The exact enforcement pathway will depend on whether the issue involves the model animal rule, another registered OC rule or a broader statutory obligation.
Can an Owners Corporation Refuse a Pet?
It is more accurate to ask whether the owners corporation has a valid rule requiring approval in the first place.
The Victorian model rules do not create a general pet-request system under which an OC decides whether to approve or reject every animal.
If a building has its own properly made and registered pet rule requiring consent, the validity and operation of that rule will depend on its wording and whether it complies with the Owners Corporations Act and other applicable law.
An ambiguous, unreasonable or unfairly discriminatory rule may be unenforceable.
What If You Disagree With an Owners Corporation’s Pet Decision?
Start with the building’s internal complaints or grievance procedure.
All owners corporations must have a process for dealing with disputes. A lot owner, renter or manager can make a written complaint concerning an alleged breach of the Owners Corporations Act, the Regulations or the OC’s rules.
If the owners corporation decides to take no action, it must provide written reasons.
If the dispute is not resolved internally, a lot owner, renter or manager can seek dispute-resolution assistance from the Dispute Settlement Centre of Victoria.
VCAT can hear disputes arising under the Owners Corporations Act, Regulations and owners corporation rules. Depending on the case, it can make orders requiring a person or owners corporation to take action, impose penalties for rule breaches or make other appropriate orders.
Keep copies of the building’s registered rules, correspondence, meeting resolutions, notices and evidence about the animal’s actual conduct. Those documents can become important if a dispute reaches VCAT.
What About Renters With Pets?
Rental law is separate from owners corporation law.
Victorian renters who want to keep a pet must generally ask their rental provider for permission using the prescribed Pet Request Form.
A rental provider cannot simply reject a properly made request and leave the matter there.
If the rental provider wants to refuse permission, they must generally apply to VCAT within 14 days of receiving the request and tell the renter that they have done so.
If the rental provider does not respond or apply to VCAT within the required period, consent is taken to have been given and the renter can keep the pet.
VCAT decides whether the refusal is reasonable, taking into account matters such as the type of animal, the nature of the property, fixtures and fittings, other applicable laws and anything else VCAT considers relevant.
A renter living in an apartment must comply with both:
1. the residential tenancy requirements applying between renter and rental provider; and
2. the owners corporation rules applying to the building.
Permission from a rental provider therefore does not exempt the renter or animal from valid owners corporation rules.
Can an OC Set Conditions on Pets?
Potentially, yes, provided the conditions form part of a valid rule or otherwise fall within the OC’s lawful powers.
Conditions dealing with matters such as restraint of dogs on common property, keeping animals away from particular shared facilities, cleaning up after pets and preventing nuisance may be easier to justify than blanket prohibitions.
However, arbitrary requirements should not automatically be assumed to be lawful merely because an OC has adopted them.
The validity of a condition depends on the wording of the rule, the OC’s statutory powers and whether the rule is lawful and unfairly discriminatory.
What If Another Resident’s Pet Is Causing Problems?
Document the actual conduct rather than simply complaining that an animal is present.
Record matters such as:
* the date and time of excessive barking;
* aggressive behaviour;
* damage to common property;
* repeated fouling or hygiene problems;
* interference with access to common property; and
* any other specific nuisance or safety issue.
Send the information to the owners corporation manager, committee or secretary and use the building’s complaints procedure.
Under the model rules, the key question is whether the animal is a danger or is causing a nuisance to common property.
Are Assistance Animals Subject to Ordinary Pet Rules?
Assistance animals receive special legal protection.
Model Rule 4.1 expressly provides that its animal-removal provisions do not apply to an animal that assists a person with an impairment or disability.
Owners corporation rules must also comply with anti-discrimination law and cannot validly restrict the use of a guide dog.
Residents should therefore avoid treating an assistance animal as if it were simply an ordinary pet subject to discretionary approval.
Frequently Asked Questions
Is a no-pets rule in a Melbourne strata building valid?
Not necessarily.
The question is whether the rule was validly made within the owners corporation’s statutory powers, properly registered, consistent with other laws and not unfairly discriminatory.
VCAT has previously invalidated blanket pet restrictions in particular circumstances.
Do I automatically need OC approval for a pet?
No.
There is no universal Victorian owners corporation pet-approval process. Whether approval is required depends on the registered rules applying to your particular building.
Can my landlord say no to my dog or cat?
A Victorian rental provider cannot simply reject a properly made request for pets in strata and leave the matter there.
If they want to refuse permission, they generally need to apply to VCAT within 14 days of receiving the prescribed request. If they fail to do so, consent is taken to have been given.
Can my owners corporation still take action after my landlord approves the pet?
Yes.
Rental-provider permission and owners corporation obligations are separate.
A renter who has permission to keep an animal must still comply with valid OC rules. An OC may take action where an animal is dangerous, causes a nuisance to common property or breaches another valid building rule.
How long does an OC have to approve my pet?
There is no general statutory approval period under the Victorian model pet rules because the model rules do not create a universal pet-approval process.
If your particular OC has a registered rule requiring an application to keep pets in strata, check that rule for its procedure and timeframe.
The Bottom Line
Victorian owners corporation law does not operate on a simple “pets allowed” or “pets prohibited” basis.
The model rules focus on the conduct and impact of the particular animal. If an animal is a danger or causes a nuisance to common property, an OC can take action requiring its removal.
Owners corporations can make additional rules concerning pets in strata, but those rules must fall within their statutory powers, be properly registered and must not be unlawful or unfairly discriminatory.
For renters, there is an additional layer of protection under Victorian residential tenancy law: a rental provider who wants to refuse a properly made pet request generally needs to take the matter to VCAT within 14 days.
For owners, renters and committees alike, the best starting point for pets in strata is to obtain the current registered owners corporation rules, identify whether the building has its own animal rule, and deal with the actual behaviour or risk presented by the pet rather than relying on a blanket assumption that all pets are either automatically permitted or automatically prohibited.
This article provides general information about Victorian owners corporation and rental laws and is not legal advice. Rules and individual circumstances vary, so obtain legal advice where a dispute or enforcement action is involved.
SELECT the best
SELECT provides you with a streamlined and simple transition pathway when the time comes to change your Owners Corporation manager and make the switch to SELECT.
