Good news for pet owners, the New South Wales Court of Appeal has held that strata by-laws for NSW buildings cannot impose blanket prohibitions on animals being kept in apartments.

The case of Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 concerned an appeal to the NSW Court of Appeal in relation to the right of a dog owner to keep her dog in Darlinghurst’s 43-storey Horizon building. The Court of Appeal found that strata-by-laws must not include blanket prohibitions on keeping animals. 

The Court of Appeal determined that a by-law imposing a blanket prohibition on the keeping of pets was “oppressive” contrary to section 139(1) of the Strata Schemes Management Act 2015 (“SSMA”). This was partly because keeping an animal was considered to be an ordinary incident of the use of lots in the strata scheme and such a prohibition provided no material benefit to other occupiers. Any by-law which restricts the lawful use of each lot on a basis which lacks a rational connection with the enjoyment of other lots and the common property, is beyond the power to make by-laws conferred by section 136 of the SSMA. 

The Court of Appeal decision sets a precedent and makes it clear that a by-law which provides a blanket prohibition on the keeping of pets is likely to be found invalid. 

We know that Pebbles (our OCK resident canine staffer) is excited about this decision! 

DISCLAIMER: The information contained in this article is general and is not intended to be advice on any matter. It is for information only and is not legal advice. In the event of a legal problem, you should seek legal advice.