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Hi,
I am thinking of buying a unit in inner Melbourne and bringing a small dog.
What is the current status in Victoria for strata by laws preventing pets on premises ?
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You have to check your Owners Corporation’s registered rules [for that specific strata scheme].
But by default the model OC rules allow pets in OCs in Victoria.
The default model rules however state:
(4) If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.
(5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.
(6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.
@Fromthenorth said:
Thanks for this.So can OCs rules say dogs are not allowed ie. is this legal ?
Here is a VCAT case that you can find widely quoted in the media, by strata organizations and legal firms:
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2016/1312.html
An OC has very limited authority to make rules that prohibit pets. But if they cause a nuisance it becomes a different matter.
@Fromthenorth said:
Thanks for this additional information.For this case, the OCs registered their rules. So is there a website where you can read an OC’s rules ?
Indeed there is.
In Victoria, OC rules must be registered and you can get a copy from landata:
https://www.landata.vic.gov.au/
The cost is currently $7:30.
@Austman said:
Indeed there is. In Victoria, OC rules must be registered and you can get a copy from landata: https://www.landata.vic.gov.au/ The cost is currently $7:30.
I have been doing this for more than 12 years now and I learn something new every week. I did not know this. Now I wonder if we have that in NSW?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
See this document “Where can I find the by-laws” from the NSW Land Registry Services:
https://www.nswlrs.com.au/about_nswlrs/strata_scheme_questions/strata_scheme_laws
The plans and/or registered by-laws can be purchased via a listed approved information broker.
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