Queensland Strata Laws Get Pet-Friendly Makeover

Queensland Strata Laws Get Pet-Friendly Makeover

Previously, Queensland’s strata laws were unclear on keeping pets in buildings. There weren’t any standard rules, and residents could challenge restrictions through tribunals and courts. This meant a lot of uncertainty for both pet owners and building management.

New legislation under The Body Corporate and Community Management and Other Legislation Amendment Bill 2023, which comes into force on 1 May 2024, has recently introduced the following changes:

• No More Blanket Bans: Strata buildings can’t completely prohibit pets anymore.
• Size, Type, and Number Don’t Matter: By-Laws cannot restrict pet size, type, or number.
• Approval Process Can Be Implemented: Buildings can create a system for pet approval. If they do, they must consider requests promptly and can’t deny them unreasonably.
• Approval Time Frames: A prescribed period for a body corporate to consider a pet request and a provision for a “deemed approval” if the Committee does not make a decision within the prescribed period.
• Reasonable Conditions Still Apply.

There are still some limitations:

• Laws and Regulations Take Priority: Keeping an illegal animal is still prohibited.
• Health and Safety Concerns: The animal cannot pose an unreasonable health or safety risk, even with reasonable conditions.
• Respecting Others: The pet cannot unreasonably disrupt other residents or native wildlife.
• Responsible Ownership: Pet owners must agree to and follow reasonable conditions set by the body corporate.
• Existing Rules Need an Update: Previous pet restrictions in By-Laws are likely invalid if they impose bans, limits on size or type, or unreasonable conditions.

One exception to pet restrictions has always existed.  People with disabilities who rely on guide, hearing, or assistance dogs have been entitled to keep them in their units under section 181 of the Body Corporate and Community Management Act 1997.

Dispute Resolution

The Office of the Commissioner for Body Corporate and Community Management can review any denials based on unreasonable grounds.

Overall, it’s a significant shift for Queensland pets, bringing them closer to the pet-friendly approach seen in other states.

Author – Strata Sphere Management