We fairly regularly get an enquiry from a home buyer asking if an apartment we have for sale is in a “pet friendly” building. So we thought it time to do a quick summary on where this issue got to over the past few years. (And it has changed!)
The ‘standard’ body corp by-laws in Queensland have usually said pets could only be kept in a lot if the committee approved them. Some properties were sold to pet-lovers with broader wording that made it simple to bring your furry buddy. And in other complexes concerned lot owners rallied against the four-legged invasion and declared their buildings pet-free zones.
Understandably many animal owners have been reluctant to give up the mate and have challenged their neighbours in the Body Corp Tribunal. What was initially a trickle of findings allowing animals, has now become a flood of firm findings in favour of Fido and Felix.
So despite the law not yet giving clarity to what a body corp can actually regulate, the cases have established a clear trend. You can have a pet, you can’t be banned outright from keeping one, and a body corp can only impose “reasonable” conditions on the keeping of that pet.
They can’t have a blanket limit of keeping one pet only. And they can’t have an “under 10kg” rule for example. They must consider each application on its merits. But before you rush out and buy a Labrador to keep you company in your new 1 bed apartment a body corp, in the eyes of the law, does have some rights to protect your neighbours.
We’re seeing committee decisions that require vaccinations. Noise and smells can be monitored and if you can’t deal with a problem you can be asked to remove a pet. Lot owners are being asked to indemnify for damage to common property and to ‘tidy up’ their pet’s waste. Your neighbours still have the right to preserve their quiet enjoyment.
For those of you wanting to sell your apartment, we’d argue the changes in this area are a positive as more Brisbaneites consider the option of medium and high density living, bringing their moggie or mutt, or birds, or fish… Some owners do resent the trend but in our experience they’re in the minority. Landlords should consider the added tenant appeal of being open to pets (landlords can still choose to not have a pet in their property) but until the law allows a larger bond to be taken we don’t see a big change in appetite for this.
Living in close proximity can have its challenges but, despite the commotion some disputes can generate, we’re regularly surprised at how few issues we see in apartment buildings across Brisbane’s inner-city.
But the new trend of course is for more and more families to move to apartments with kids…. Now maybe we need a by-law to stop some of these noisy brats!
Interesting commentary. These days we are so keen to please everyone and their ‘rights’. But how do we then get these moggy lovers to get rid of their pets if they bark or cause a nuisance to neighbours? Easy to let them in but I would suggest near impossible to get them out. Any commentary on the quick way to remove nuisance pets?
Best where possible not to let them in just because it avoids nasty and emotional problems later. Everyone believes their pets are angels but they are most likely to be a problem when owners are out. Really only an issue with dogs.
Pet issue is always emotional either way. We always encourage our members (Unit Owners Association of Queensland) to control, rather than prohibit, the pet keeping issue. Having clear rules about the noise, smell, damage etc and demand on following any local council regulations usually works the best.
Whilst the property law review drags on for years now, we have seen in the final recommendation from QUT Panel conducting the review that there will be a clear ability for bodies corporate to ban pets (or maybe dogs, cats and birds – I do not know if anyone asks for permission to keep goldfish or snake) outright. However, creating such by-law would require vote without dissent (i.e. no ‘no’ votes). This is higher standards than for amendments or new by-laws that requires special resolution currently.
We have finally new module regulations finalised (in force since 1 March 2021), but with the government in the caretaking mode currently we will see the final version of new BCCM Act in front of new parliament only next year. Until then, regulation is better than blanket ban or unreasonable conditions.
Thanks for adding your comments and this update Jana. Let’s hope there’s some sensible amendments to the legislation coming soon – that review has been a long, long time coming!