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Acceptable grounds for refusing a pet application

Pets

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Pets have long held a special place in our hearts and homes, and while pet ownership was already a right for owners with a body corporate, recent Queensland legislative changes have further extended this right to tenants.

In this article, we cover the very limited reasons a body corporate could reasonably refuse a pet application.

1. If the animal has been declared dangerous or menacing

According to the Brisbane City Council, animals that ‘are involved in a reported incidence may be declared dangerous or menacing under the Queensland Government’s Animal Management (Cats and Dogs) Act 2008.’

Council may declare your dog dangerous if:

  • it has seriously attacked a person or another animal
  • it has acted in a way that caused fear to a person or another animal
  • based on the behaviour of a dog towards a person or another animal, an authorised person forms an opinion that the dog may seriously attack a person or another animal
  • another local government has previously declared the dog dangerous

Council may declare your dog menacing if:

  • it has attacked a person or another animal in way not considered a serious attack
  • based on the behaviour of a dog towards a person or another animal, an authorised person forms an opinion that the dog may attack a person or another animal
  • it has acted in a way that caused fear to a person or another animal

2. If it is a banned dog breed in your local council

Each council will have a list of banned dog breeds listed on its website. An application for one of these dog breeds would be reasonable grounds for a body corporate to refuse the pet application.

3. If it is not considered a domestic pet

While many animals like goats and cows are domesticated, they are not generally considered pets. A body corporate could reasonably refuse an application for animals that are not considered domestic pets like pigs, goats, horses, chickens, cows etc.

4. If there is more than a reasonable number

Again, your local council will provide the number of cats and dogs that can be kept without a permit in their region. A body corporate could reasonably refuse an application if the number of animals exceeded the maximum stipulated by your local council without a permit.

5. If you are looking to run a commercial pet business

If you were looking to run a commercial breeding centre or doggy daycare within the complex, the body corporate could reasonably refuse your application.

6. If the animal was not vaccinated, microchipped and registered with the local council

If proof of vaccination, registration, and microchipping could not be provided by the owner, the body corporate could reasonably refuse an application for this pet.

Every application must be assessed on the merits of the individual pet. The body corporate committee CANNOT refuse a pet application based on:

  • the weight of the animal, even if it is stipulated in the building’s outdated by-laws that dogs must be under 10kg
  • a specific breed unless it is listed on the local council’s website as a banned dog breed
  • the perception that the pet is not suitable for the apartment because it is too big or requires a lot of exercise
  • the assumption that it may bark or cause a nuisance
  • personal preferences against having pets in the complex

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