Bodies Corporate and Pets | Body Corporate By-Laws
Whether a pet can be kept on property which is a lot in a community title scheme must be determined firstly by reference to the body corporate by-laws. A by-law that prohibits absolutely the keeping of pets is invalid, rather a body corporate may specify reasonable conditions for the keeping of any pet.
Most valid pet by-laws will state that a pet can’t be kept on a lot without first obtaining the consent of the body corporate and that the body corporate can specify conditions before giving that consent.
What constitutes a reasonable condition will depend very much on the circumstances such as the size and breed of the pet and the configuration of the body corporate land.
It is not uncommon to see conditions restricting noise as well as the entry of the pet onto the common property.
A breach of such a condition could mean that the rights to keep the pet on the lot are lost forever.
If you are buying a lot in a body corporate and plan to keep a pet, then you should ensure that a special condition is included in the contract making it conditional on the body corporate first granting you permission for your pet on terms acceptable to you.
You should also understand that, regardless of what the by-laws or the body corporate may permit, a tenant can’t keep a pet if the landlord won’t allow it.
If you have any queries about this or any other aspect of bodies corporate and pets then please contact us on 07 5443 9988 or[email protected].
Argon Law is a Sunshine Coast law firm based in Maroochydore. We are commercial lawyers and property lawyers and are eager to assist you in any way we can.
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