Three things to know about pet approvals:
- Amended pet approval decision timings are very pro-pet
- A body corporate has 21 days to respond to a pet application
- Failure to respond is a deemed ‘yes’
Further updates to strata pet regulations in Queensland
The ink is barely dry on the new legislation governing strata in Queensland and regulations governing pets have already been further refined, in favour of pets.
Where previously a body corporate committee had 6 weeks to respond to an application for a pet to be kept in a lot, the prescribed period for a committee to consider a pet request has been shortened to 21 days.
If the committee does not make a decision within the prescribed period, the pet is deemed to be approved.
Alternatively, if a general meeting is needed to decide the request, the animal will be taken to be approved by the body corporate if either:
- a general meeting is not called within 21 days after the request is made (the ‘relevant period’)
- the body corporate does not decide the request within 6 weeks after the general meeting notice is sent out (the ‘prescribed period’).
The changes address an issue where some bodies corporate were delaying making a decision on pet applications in the hope that the lack of an approval would deter potential tenants or lot owners.
Queensland's pet-friendly legislation
Coming on top of the new legislation, Queensland now has some of the most pet-friendly strata regulations in the country.
By-laws that prohibit the type of pet, or the weight of the pet, or the number of pets, remain invalid.
However, bodies corporate can impose reasonable conditions in relation to the keeping of pets.
A body corporate may also be able to prohibit pets where there's a danger or an unacceptable risk to the health or safety of another owner, occupier or native fauna that can't be managed by conditions.
It will be extremely difficult for a body corporate to refuse consent to the keeping of a pet from this point forward and any attempt to do so must be on solid legal grounds.
But if there is any confusion over what the new legislation means and its effect on a body corporate’s rights, feel free to get in touch.
Queensland's new strata laws came into effect on 1 May 2024. Find out more about the changes to legislation regarding pets below, or read more here.
This content relates to buildings regulated by the Body Corporate and Community Management Act 1997 and not the Building Units and Group Titles Act 1980.
