This article is about the right to own a companion or assistant animal in a no pet building. In NSW, what is classed as a companion dog? Do companion animals always have to be a dog?
Table of Contents:
- QUESTION: With the approval for an assistance animal in strata, can an assistant animal also be a cat, not just a dog?
- QUESTION: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal like a dog.
Question: With the approval for an assistance animal in strata, can an assistant animal also be a cat, not just a dog?
Answer: Yes it can
Yes, it can. With post-traumatic stress disorder, animals are quite helpful. I would imagine, just the action of petting a cat.
You would need a doctor’s report on that and the animal and so forth. Assistance animals are quite a broad category and there’s a lot to it. I would imagine that a cat, accompanied by a doctor’s certificate, would be fine.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
This post appears in Strata News #391.
Question: There are a number of very vocal apartment owners in my building who are against animals of any type, including a companion animal like a dog.
I am hoping you may be able to give me some advice regarding a bylaw that has been registered at my newly built apartment complex concerning pets.
The development was initially sold off the plan from 2014 and completed earlier this year. The sales agents were told it was pet-friendly but when we went to sign the contract, the developer had made an error and put in an old No Pets Bylaw. Even though only a very small number of apartments had been sold at that time, he advised that it was too hard to change and to wait until the development was completed and then the owners could change the bylaws.
Unfortunately, there are a number of very vocal apartment owners who are against having animals of any type in the building, including a companion animal like a companion dog.
A number of owners moved in with their animals anyway .. in breach of the bylaw.
I have a dog but decided to wait until we changed the bylaw to move in. However, 6 months down the track and my attempts have not been successful.
A couple of owners on the committee think it is their duty to enforce the bylaws by intimidating owners that have brought their dog or cat to live with them. It has become a very divided and acrimonious community.
Only 1 of the 9 committee members wants pets so they have voted to send out notices reminding everyone to abide by the bylaws.
As I can’t move in with my dog, I tried to sell the apartment. I have had multiple buyers pull out when they found out it wasn’t pet-friendly. So now I can’t move in and I can’t sell it.
We have unwell residents that have been warned about their cats. One unwell resident is accosted by the strata committee member every time they are out with their dog.
I myself have chronic health issues that can leave me housebound for weeks. My dog is my companion animal.
The stress of fighting for my companion animal is affecting me physically, emotionally and financially.
Answer: In NSW, if you can demonstrate your dog meets the requirements of a companion animal for the specific outlined range of disabilities, the owners corporation cannot prohibit the keeping of your animal.
Section 139 of the new legislation clearly states that no by-law may prevent the keeping of an “assistance” animal.
- By-law cannot prevent keeping of assistance animal A by-law has no force or effect to the extent to which it purports to prohibit or restrict the keeping on a lot of an assistance animal (as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth) used by an owner or occupier of the lot as an assistance animal or the use of an assistance animal for that purpose by a person on a lot or common property.
Note that the alleged assistance animal must comply with the requirements of the Disability Discrimination Act.
In NSW< what is an assitance animal such as a companion dog?
Section 9 of the Disability Discrimination Act 1992 provides this definition of an assistance animal such as a companion dog:
- For the purposes of this Act, an assistance animal is a dog or other animal:
- accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a persons with a disability to alleviate the effect of the disability; or
- accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or
- trained:
- to assist a person with a disability to alleviate the effect of the disability; and
- to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
If you can demonstrate your dog meets those requirements and you qualify for the specific outlined range of disabilities, the Owners Corporation cannot prohibit the keeping of your animal.
Provided you and your animal qualify, you may take your complaints to the Australian Human Rights Commission.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #203.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Have a question about about companion dogs or something to add to the article? Leave a comment below.
Read next:
- NSW: Strata Living and Pet By-Laws – Where Do We Stand Now?
- SCA: Assistance Animals and the new NSW legislation
For more information about strata information particular to NSW, visit our Strata Pets Living in Apartments or NSW Strata Legislation
Looking for strata information concerning your state? For state-specific strata information, take a look here.
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I have be declined a Companion Therapy pup several times I have Parkinson’s and deal with MENTAL Health issues however after loging Medical details from my Neurologist Psychologists and GP saying a companion pup would be a good recommendation I still can not get permission to have the pup I have been told I can have a cat That is an option for me I live in a villa of 12
units all elderly Other tennants have Cats and I really find that there is a case of discrimination not to allow me a small companion pup I have intentions training her for s service dog as she gets older.
Hi
I want to get a companion dog for my son who is 24 and has a heart condition as well as mental issues. Can our landlord refuse to let us have it here and can they refuse to let us have it inside as he is bedridden?
I live in an independant living unit at a retirement village. After a long period of illness, hospitalisation and surgeries, I am again in hospital for surgery shortly after losing my husband. I have now been in hospital six weeks and have been diagnosed with depression, stress, anxiety and am on suicide watch. A friend suggested a companion or emotional therapy dog. The mental health worker and my specialist agreed it would be beneficial for me. The problem is that the retirement home where I live has a no pet policy.
I am terribly distraught as I do not want to go home to the kind of life I had, At 80 yrs old moving would be a terrible effort, would my dog be able to stay there, the breeder has agreed to take him back should I pass away and also take him if I am hospitalised again. Thank you in anticipation of your advice.
Regards Roslyn Lawrence
In Victoria:
Companion dogs are allowed irrespective of by-laws. The owners could be in breach of discrimination law (anywhere in Australia), regardless of the legal advice received.
If there is to be a by-law of any sort about animals, it should simply state that owners should ensure that their pets do not make excessive noise, pose a threat to children (or any other resident) and if the owners corporation is subjected to any liability exposure as a result of the actions of an animal, the OC can make a claim against the pet owner.
Of course if the pet poses a nuisance, the owners corporation is well within their right to serve a notice that the owner must remove the animal, stating the reasons.
(Though this rule would not apply to companion dogs)
Hi Ivc
Thanks for your comment. You may also be interested in our Pets in Owners Corporations in Victoria article.
Hi lvc
We have received the following comment from Leanne Habib, Premium Strata:
In NSW there appears to be a clear distinction between a “companion animal” registered with a local council and an “assistance animal” referred to Section 9 of the Disability Discrimination Act, 1992 of the Commonwealth (the latter being protected under the new strata legislation and broader than hearing/seeing dogs and to assist persons with disabilities).
Hi Nikki,
If the dogs were there before the bylaws were either changed or strengthen, would not the matter of dogs residing be governed by previous/original bylaw?
Regards Linda
Hi Linda
We have received the following comment back from Leanne Habib, Premium Strata:
If the dogs were there (and approved at that time), the approval would likely have been given for the life of that particular animal subject to compliance with any relevant by-laws pertaining to cleaning up after the dog etc and the laws applicable at that time. Normally, strata schemes which change their stance on the keeping of animals, exempt previously approved animals for the term of their lives and usually, unless the animals misbehave/soil/are noisy/otherwise in breach, owners corporation’s do not withdraw approval for previously approved animals.
Hi there,
thanks for this article. Unfortunately there still remain very unreasonable people in management committees in strata units. Instead of taking route of allowing pets under certain guidelines, our committee are having a lawyer who lives on the premises draft a bylaw which will state that no animals will be allowed under any circumstances (apart from guide dog or companion animals for special needs. I’m wondering if there is any way to dissuade from such a move which seems very unfair and means that owners who already have dogs would have to move or have their pets removed. Thanks for your time. regards Julie