Keeping Pets in a Body Corporate – The Law in Queensland
Keeping Pets in a Body Corporate – The Law in Queensland
At Smart Legal we act for a lot of buyers and more and more we see client purchasing properties with Body Corporates.
As we know, many people in Australia own pets and love their pets and when you purchase a property, it is only normal to assume that your pet will be living with you.
- When moving into a Body Corporate, a property owner must observe any body corporate by-laws in relation to pets. There is a standard by-law contained in the Body Corporate and Community Management Act 1997 that deals with pets that reads: –
- (1) The occupier of a lot must not, without the body corporate’s written approval—
- (a) bring or keep an animal on the lot or the common property; or
- (b) permit an invitee to bring or keep an animal on the lot or the common property.
- (2) The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property.
- Bodies Corporate have the duty to decide on a case by case basis whether an animal is allowed to be kept or permitted on the property upon receipt of an application to keep a pet by a lot owner. The bodies corporate must act reasonably – which is great news for you and your pet.
- The Body Corporate Community Management Commissioner stated in a decision in 2011 that an absolute ban on keeping animals in a Body Corporate is unreasonable and set a precedent for Bodies Corporate so that the rules are carefully followed and each case is given ample consideration. A copy of that decision can be found here:
- http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QBCCMCmr/2011/184.html
We encourage you to check the clauses of your contract very carefully prior to signing and make the necessary enquiries.