To their owners, pets are part of the family. The ability to keep a beloved companion at home is proven to be good for health, wellbeing, and lifestyle. But living in a shared property environment means balancing the rights and needs of pet owners with the comfort and safety of all residents. When issues arise, it’s important that an Owners Corporation (OC) has clear, fair and practical processes to manage pet-related matters, as relationships, local context and prompt resolution always matter.
At ASM Strata Management, we believe the key is not simply to ignore complaints or ban pets (which is now largely against the law), but to handle issues responsibly and humanely guided by law, fairness and community best practice.
What the Law Says in New South Wales
In NSW, under the Strata Schemes Management Act 2015 (the Act) and the associated Regulations, it is unlikely that an Owners Corporation can validly impose a blanket prohibition on pets.
The exceptions are very limited in scope and purpose. Specifically:
- The default or “model by-laws” (e.g. Model by-law for residential schemes, number 5 Option B of the Strata Schemes Management Regulations 2016, provides what the occupier of the lot must do to be given the written approval of the owners corporation to keep the pet.
- A rule made by the OC only has effect if it is within the rule‑making powers under the Act, properly registered (if required), and reasonably connected to the management, use or enjoyment of the common property or lots.
- Overly broad bans or prohibitions on pets have been struck down, for example Yardy v Owners Corporation SP 57237 [2018] NSWSCATCD 19, where a pets by-law may be ‘harsh unconscionable or oppressive; if it is “a blunt instrument which imposes a complete prohibition upon the keeping of animals as pets, with no exceptions and secondly it provides no means by which the special circumstances of particular lot owners might be considered.”
That means in most schemes, pets are permitted, but their behaviour and impact must not interfere with other residents’ reasonable enjoyment of their homes and common spaces, or the owner’s corporation may seek an order for its removal in breach of the by-laws.
This also applies to pets, whose owners were given permission by their rental provider (landlord), to have them on the property.
What are Common Pet‑Related Complaints?
Even with the best intentions, pets can lead to issues. Some of the most frequent concerns in strata schemes include:
- Noise and disturbance: barking dogs, especially in apartments where sound carries, can disturb neighbours.
- Safety or risk issues: poorly controlled pets or aggressive animals raise concerns for common‑property users.
- Hygiene, damage or allergens: pet hair, waste or odours entering other private lots or common areas that affect other residents’ enjoyment of their lot or the common areas.
- Residents’ discomfort: not everyone feels comfortable around animals; some may have allergies or fear of specific types of animals.
When these concerns are raised, a calm, fair and lawful approach is essential, and one that respects the rights of pet‑owners, while safeguarding the wellbeing of the wider community.
What are the steps for Owners Corporations to Handle Pet Issues Responsibly?
Here’s a practical approach for your OCs and committee, whether you’re dealing with a first complaint, or managing a scheme in which complaints about pets are common.
- Refer to your by‑laws first
- Check whether your OC has registered consolidated rules about pets and whether Option A or Option B of the Model by-laws apply. If so, ensure these were validly made, recorded, and distributed to all lot owners and occupiers.
- If no consolidated by-laws exist, default to the model rules: pets are permitted either after simply providing notice to and/or upon written approval of, the owners corporation.
- Is the pet a nuisance or danger? How to make a fair assessment
- Complaints should be assessed based on fact, not assumption: Is there evidence of ongoing noise, aggression, or risk? Is hygiene or common‑property damage involved?
- The OC (and committee) must act fairly, give notice when required under the Act, and provide the pet owner an opportunity to respond and to right the wrong or not allow the issue to recur.
- Communicate clearly and promptly with the pet‑owner (and complaining parties, if appropriate)
- Often a polite reminder or request to leash pets or restrict access to certain common areas resolves the issue.
- Keep records of communications, complaints, and any resolutions, with other related documentation, as it will be key to assess fairness if problems continue.
- Offer reasonable and practical solutions, not just threats
- Consider rules around hours for exercising pets on common areas, leash requirements across and through shared areas, responsible waste disposal, or even access restrictions to sensitive common areas (e.g. pool, gym, children’s play areas).
- Encourage pet‑owners to demonstrate responsible ownership. For example, using carriers in lifts/common corridors, ensuring pets are vaccinated, controlling noise, cleaning up after pets, and keeping pets appropriately restrained in common areas.
- Follow a fair process before taking formal action if problems persist
- If the behaviour doesn’t improve, after notification and reasonable time to respond, the OC may proceed to the tribunal for a formal notice requiring removal of the pet under the Act.
- Ensure any decision is proportionate, clearly documented and transparent to all parties, as sudden or arbitrary decisions to remove permission to keep a pet on the property can be challenged.
Why Responsive, Local Strata Management Matters
For the many small-to-medium buildings, a hands‑on, local approach is often the most effective way to manage pet issues, while maintaining harmony in the community.
As a network of locally owned branches, ASM Strata Management bring local insight, responsiveness and fairness to how we handle pet complaints or approvals. We know the local regulations, we understand the needs of your community, and we’re committed to handling pet matters in a way that respects everyone.
Afterall, challenges with pets aren’t always about the pet itself and therefore require nuance; e.g. a targeted walking schedule may prevent a dog excessively barking; a common‑area mess may not be through a lack of intent and an automated ‘blanket enforcement’ or one-size-fits-all approach, seldom meets the needs of all.
What Are Some Good Practice Tips for Pet‑Owners in Strata?
For residents who love their pets, here are some practical tips to reduce the risk of issues in a strata community: Be sure to share them to proactively prevent problems arising.
- Minimise the chance of unnecessary or uncomfortable confrontations with people or others’ pets, by keeping your pet safe and under control in common areas: leash them or carry them, especially in lifts, foyers, corridors or shared gardens.
- Avoid frequent disturbance to fellow residents, by being mindful of noise travelling into neighbouring units when your pets are at home with and without you. Consider ways to help them avoid, or change, the disturbing behaviour, such as limiting the need to leave them alone for extended periods or exercising them before you do.
- Prevent offensive smells and health concerns, by ensuring you regularly and properly clean up after your pet: this includes within your lot, your balcony (if applicable) and shared areas.
- Avert escalation of matters by communicating openly if neighbours raise a concern. Sometimes a friendly chat or small adjustment can resolve matters quickly.
- Understand, respect and adhere to the rules of your Owners Corporation, which are in place not only for your pets benefit, but your own and that of your fellow residents too. If you don’t have access to a copy, simply reach out to your strata manager.
When it’s handled well, pets add warmth, companionship and a sense of community to strata schemes. They can help make an apartment or townhouse feel more like a home. Even moreso in shared living spaces, where everyone’s comfort and rights matter. That means responsible pet ownership to avoid issues, and firm but fair governance should problems arise.
At ASM Strata Management, we believe in balancing the needs of pet‑owners with the rights of the wider community. Through clear rules, fair processes and responsive management, most pet-related issues can be resolved without conflict, helping ensure strata living remains harmonious, inclusive and respectful.
