Body Corporate FAQs
Can a body corporate ban a restricted breed of dog or a dangerous dog?
The Queensland Government has proposed reforms to strata legislation that, when passed, will affect the rules regarding pet ownership in strata schemes. Sign up to our mailing list for the most up-to-date information as these laws are released.
Understanding Pet Ownership Regulations in Queensland Strata Buildings
A body corporate in Queensland will likely face a negative outcome if it tries to enforce a blanket ban on animals that some people regard as dangerous or that are on the restricted dogs list.
There are clear regulations in place for the ownership of dogs on the restricted list (see here) that govern pet ownership regardless of whether the owner lives in a house or a lot in a strata scheme.
However, rather than trying to defend a prohibitive by-law, a body corporate can instead impose conditions on keeping an animal in a scheme. Conditions outlined in an animal by-law could include that animals are not allowed on common property except for the purpose of accessing or leaving the scheme land, or that an animal must be on a lead or be adequately restrained while on common property.
A properly worded animal by-law that is drafted by legal experts aware of the various precedents can provide committees with a degree of say over the pets allowed in a building.
If there is no animal bylaw at a scheme, then no permission is required to keep an animal on a lot.
Some valuable background can be found here, but it is recommended that committees seek legal advice before amending existing by-laws or introducing a new by-law.
Hynes Webinars related to Pets in Strata
Refusing and removing a pet: https://blog.hyneslegal.com.au/webinars/lawfully-refusing-and-removing-a-pet
Pets in strata: https://blog.hyneslegal.com.au/webinars/pets-in-strata
The saga of Joe the galah: https://blog.hyneslegal.com.au/news/the-saga-of-joe-the-unwanted-galah