There are now very limited reasons, set out specifically in the legislation, that a committee can refuse a pet application.

These are:

1. Keeping the animal would pose an unacceptable risk to the health and safety of an owner or occupier of a lot because:

• • The owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or
• The risk could not reasonable be managed by conditions imposed on the keeping of the animal.

       2. Keeping the animal would contravene a law;

• • The animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008
  • keeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;
  • keeping the animal would unreasonably interfere with native fauna that live on, or visit, the scheme land and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;
  • the occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal;

Many committees have already passed blanket approvals on pets, subject to certain conditions. This reduces the amount of committee effort and cost spent on passing motions to approve pets – which in most cases cannot be refused.

Instead, those committees focus their time and money on enforcing the conditions against the small number of problem pets and/or pet owners.

Pets are now being treated in a similar way to children, ensuring reasonable rules about how they use and behave in the common areas.

In closing, we believe it is time for bodies corporate to consider motions to introduce a new by-law that automatically allows pets to be kept a) if they comply with the local council pet ownership rules, and b) that applies sensible and strongly enforceable conditions within the scheme.