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Many owners wonder about the possibility of having more than one pet, particularly if they already have a dog or cat. Here’s a quick guide to help you navigate the rules.
Check Your Scheme’s By-Laws
Before bringing any animal onto your lot or common property, you must review your scheme’s by-laws. These are usually contained in the Community Management Statement (CMS), available from Titles Queensland.
By-laws generally fall into two categories:
- Permissive by-laws: These allow animals, but you must obtain approval from the body corporate first. Approval may be subject to conditions.
- Prohibitive by-laws: These attempt to ban certain animals, types, or numbers of pets. Under Queensland legislation, prohibitive by-laws are invalid, but a committee cannot approve an animal if the by-law explicitly prohibits it until the by-law is formally changed.
If your scheme has a prohibitive by-law, you may need to propose a motion to change it at a general meeting before you can seek approval for an additional pet.
Requesting Approval for a Second Pet
Even when approved, a second pet may be subject to conditions aimed at minimising impact on other owners or common property.
Typical conditions include:
- Restricting access to common property except for transit.
- Requiring the animal to be on a lead or otherwise restrained.
- Requiring the animal to be registered with the local council.
- Ensuring the animal is healthy, regularly treated for fleas, and does not cause nuisance.
- Proper disposal of animal waste.
- Minimising allergens through grooming and cleaning.
- Limiting approval to the specific animal applied for.
Failure to comply with these conditions can result in the withdrawal of approval and a request to remove the animal.
Reasons a Body Corporate Might Refuse
A request for a second pet can only be reasonably refused in specific situations, such as:
- The animal poses an unacceptable risk that cannot be mitigated.
- It is not allowed under other laws, such as council regulations or the Animal Management (Cats and Dogs) Act 2008.
- It would unreasonably interfere with the use or enjoyment of other owners or occupiers, or with native wildlife.
- You do not agree to the reasonable conditions proposed.
A well-behaved first pet can increase the likelihood of approval for a second, whereas ongoing nuisance issues, like constant barking, may lead to refusal.
Special Cases
Owners with disabilities relying on guide, hearing, or assistance dogs under the Guide, Hearing and Assistance Dogs Act 2009 do not need body corporate approval to bring their animal into the scheme.
If you’re refused a second pet
If your request is refused and you believe it is unreasonable, you can first attempt to resolve the matter directly with the committee.
If that fails, conciliation and adjudication are available through the Office of the Commissioner for Body Corporate and Community Management. Adjudicators’ decisions provide guidance, but outcomes vary based on individual circumstances.
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