Pets now allowed in apartments, court rules

By Cameron Micallef

October 13 2020
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Pet owners are celebrating after the NSW Court of Appeal ruled that blanket bans on pets in apartments were unlawful, harsh, unconscionable or oppressive.

Pets now allowed in apartments, court rules

The decision followed a four-and-a-half-year battle between pet owner Jo Cooper, who fought to keep her miniature schnauzer Angus in her apartment in The Horizon building in Darlinghurst, which had a pet ban.

The court ruled that pets do not adversely affect other occupants, ruling the pet ban seemed to be for the convenience of the strata committee.

Bartier Perry partner Sharon Levy said a unanimous decision from three Court of Appeal judges on The Horizon’s attempt to ban animals from the building was a breach of legislation.

“This decision effectively changes the way owners corporations can govern their strata schemes,” said Ms Levy, whose firm represented Ms Cooper.

“The court has found that banning animals breaches strata scheme legislation, which provides that by-laws can’t be ‘harsh, unconscionable or oppressive’.”

Ms Cooper said she was overwhelmed by the court decision after a five-year legal battle to keep Angus in her apartment.

“The emotional toll from pursuing this case has been incredibly hard. Yet, throughout the last five years, I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance.

“Today is a win for Angus, but it’s also a decision that will hopefully ensure owners corporations take a more balanced approach to the governing of apartment owners,” said Ms Cooper.

The decision was unanimous and will have a flow-on impact for anyone living in an apartment in NSW who have previously been prohibited from owning a pet.

The only possible avenue of appeal is to the High Court in Canberra.

About the author

Cameron Micallef

Cameron is a journalist for Momentum Media's nestegg and Smart Property Investment. He enjoys giving Aussies practical financial tips and tricks to help grow their wealth and achieve financial independence. As a self-confessed finance nerd, Cameron enjoys chatting with industry experts and commentators to leverage their insights to grow your portfolio.

About the author

Cameron Micallef

Cameron is a journalist for Momentum Media's nestegg and Smart Property Investment. He enjoys giving Aussies practical financial tips and tricks to help grow their wealth and achieve financial independence. As a self-confessed finance nerd, Cameron enjoys chatting with industry experts and commentators to leverage their insights to grow your portfolio.

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