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  • #57338
    Thoughtful
    Flatchatter

    Hello,

    What would you expect to need to do to get approval have budgerigars as pet in a unit?

    Thank you.

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  • #57345
    TrulEConcerned
    Flatchatter

    The NSW gov’t released what is called the Model By Law for pets. That is, the go-to wording if a strata does not want to draw up its own by law.

    The overarching expectation is that by-law cannot be harsh, unconscionable or oppressive. That is, a resident can no longer have his/her request for a pet be denied by the Owners Corp without reasonable justification.

    The NSW Fair Trading website mentions:

    The model by-laws provide owners corporations with options to control whether pets are allowed, and on what terms. For example, the owners corporation may choose to have a by-law which:

    • allows owners to keep a pet and simply provide 14 days notice from when the pet has started living on the lot owner’s property, or
    • allows a pet with the written permission of the owners corporation and the owners corporation cannot unreasonably refuse permission. If they do refuse, they must give the owner written reasons outlining why the pet is not being permitted.

    In all cases, the lot owner must still supervise their pet, clean any common property that is soiled, and ensure their pet is not noisy or negatively impacting on other residents. In rented strata properties, a tenant always needs to first obtain their landlord’s permission to keep a pet.

    I would expect the Owners’ Corp to ask you to agree in writing to the above terms (or similar terms if it’s preparing its own by law) and then wave the birdie through.
    I cannot see a reason why a caged birdie would be refused. After all, it’s not a large and loud dog with very poor social skills whose behaviour could negatively impact on others in the building.

    #57754
    Quirky
    Flatchatter

    In NSW the strata law is being amended to make it easier to keep pets…
    “Pets – From 24 August 2021, an owners corporation will not be able to have a by-law which unreasonably prohibits the keeping of an animal on a lot. Further, it will be deemed reasonable to keep an animal on a lot unless keeping the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. Those changes codify the decision of the NSW Court of Appeal in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 in which it was held that a “no pets” by-law is unenforceable. ”

    I suggest that after 24 August you write to the strata committee stating that you wish to keep a budgie in your apartment, and that keeping it will not interfere with any other occupants use and enjoyment of a lot or the common property. Ask them to respond within 14 days, and you should get a go-ahead. If they refuse, write back, and draw their attention to (new) Section 137B (which codifies that requirement) of the Strata Schemes Management Act.

    Of course, that requires you make sure that the bird does not interfere with another resident’s enjoyment; by making excessive noise or mess. So be extra vigilant that the bird behaves itself, especially initially. The strata committee might ask you to consent to reasonable conditions, such as controlling any noise or mess, and if those conditions are okay, then agree. But if they try to force unreasonable conditions on you, then refuse, and wait. No strata committee will take legal action which they are sure to lose, because of S137B. The wording of new S137B defaults to allowing you to keep the animal – the strata committee has to prove that keeping the animal is unreasonable. Which for a caged bird that is being looked after, would be hard to do.

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