Buying a property? Review the laws first

The warning follows two of Sydney’s biggest apartment towers winning their June court battle to ban owner’s pets from their buildings. 

Both the 260-apartment Horizon in Darlinghurst and the 280-unit Elan in Kings Cross had lost the right in previous cases before the NSW Civil and Administrative Tribunal (NCAT) to enforce their bylaws to keep their premises animal-free. A decision now overturned. 

SCA (NSW) state president Chris Duggan said strata bylaws can be complex and need to be reviewed pragmatically prior to signing along any dotted lines. 

“I’m often asked what the ‘keeping of animals’ position and ‘pet rules’ are for strata, and I think it’s important that people understand there is no ‘one size fits all’ approach. 

“I recommend they review the registered bylaws to any particular scheme,” he said.

Owners corporations can choose to adopt model bylaws, or they can draft changes to make them manage issues in strata like overcrowding, pets, parking and smoke drift to suit their scheme. 

“Schemes aren’t actually required to adopt or adapt any of the model bylaws; they’re simply made available to assist them address common issues,” Mr Duggan said

For example, the owners corporation may choose to have a bylaw which: 

• bans pets on the property altogether (other than assistance animals); 
• 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.

“We always recommend doing your research before deciding to move into a strata scheme, whether you own a pet, own several vehicles or expect exclusive use of storage. 

“While some mightn’t agree with certain bylaws, they are only enforced through a democratic process which governs the schemes they relate to,” Mr Duggan concluded.