Pets in a body corporate community
Here, we provide owners, tenants, and committees with an abundance of information designed to navigate not only the legislation and by-laws, but also the emotional aspect of pets when they become a part of shared living spaces.
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LEGISLATION AND FACT SHEETS
Local government ANIMAL REGULATIONS
In 2022, Queensland underwent a significant legislation change, giving tenants the right to own pets. While this primarily impacted tenants and landlords, it serves as a clear indication that the government supports pet ownership for both owners and tenants, unless there is a compelling reason not to.
This is a big change from previous approaches, highlighting the societal shift towards pets as integral members of the family unit.
For owner-occupiers, this pet right was already in place within bodies corporate. While an approval process was, and still is, required, the focus has shifted from asking whether a person should be allowed to have a pet, to the mechanics of how to make that happen.
Landlords in Queensland are no longer permitted to reject pets in their properties unless, as previously mentioned, there is a compelling reason not to. The grounds for refusal are outlined in the law and are very narrow.
These are some acceptable grounds to refuse a pet application in a body corporate scheme:
- If the pet has a dangerous animal order against it
- If it’s a banned dog breed in your local council area
- If it’s an animal, but not considered a domestic pet – so a goat, llama or pig could be refused by the body corporate.
- If there was more than a reasonable number of animals
- If it was a commercial pet operation like doggy daycare
- If the owner refused to have the pet vaccinated, microchipped or registered
As pets are now considered a right, committees can no longer make sweeping bans based on breeds, size, and potential barking issues. Refusals must be based only on the characteristics of the individual pet.
Unless the dog has a) been issued with a dangerous dog notice or b) is a banned breed in your local council, the body corporate cannot reject the application based on reputation or personal bias.
Like the type of breed of a dog, weight is arbitrary and should be removed from the body corporate by-laws.
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