Sample Pet by-law





Animals

1.1 Definitions

In this by-law the following words have the following meanings:
Household Pet means a domestic animal such as a dog, cat, bird, rodent or fish that is traditionally kept for domestic purposes.

Pet Register means a register kept with the books and records of the Owners Corporation recording all information the owners corporation has received in connection with Household Pets kept on the parcel.

1.2 Pet Register

The owners corporation must establish and keep at all times a Pet Register recording all relevant information it has received in connection with Household Pets kept on the parcel.

1.3 Permitted

Subject to this by-law, owners and occupiers may keep up to 2 Household Pets on their lot.

More than 2 birds may be kept on a lot provided they are kept in a safe and healthy condition in one cage.

More than 2 fish may be kept on a lot provided they are kept in a safe and healthy condition in one tank.

Nothing in this by-law prohibits the keeping on a lot or the use on a lot or on common property of:

  1. a guide dog or hearing dog, as permitted by section 49(4) of the Strata Schemes Management Act 1996 (NSW); or
  2. an assistance animal as described in section 9(2) of the Disability Discrimination Act 1992 (C’th) being a dog or other animal:
      1. accredited under a law of a State or Territory of Australia that provides for the accreditation of animals trained to assist persons with a disability to alleviate the effect of the disability;
      2. accredited by an animal training organisation prescribed by the Disability Discrimination Regulations 1996 (Cth); or
      3. trained to assist a person with a disability to alleviate the effect of the disability and to meet the standards of hygiene and behaviour that are appropriate for an animal in a public place.

1.4 Prohibited

The following are not permitted to visit or be kept on any lot or any part of the parcel:

  1. any animal that does not satisfy the requirements of by-law 1.3;
  2. any dog that is vicious or aggressive;
  3. any dog or cat that is not registered with the appropriate authority;
  4. any dog which is declared dangerous under the Companion Animals Act 1998 (NSW);
  5. any dog which the Australian Government prohibits from importation into Australia;
  6. poultry; and
  7. reptiles (turtles and tortoises excepted).

1.5 Notification

Owners and occupiers who keep or intend to keep a Household Pet on their lot must give the owners corporation the following information for inclusion in the Pet Register:

  1. for all Household Pets:
    1. its species;
    2. its breed;
    3. its name;
    4. its gender; and
    5. its veterinarian’s details (name and address); and

  2. for all dogs and cats:
    1. a photograph sufficient to identify it;
    2. its microchip number;
    3. whether it has been spayed or neutered; and
    4. evidence it has been registered with the appropriate Authority.

1.6 Obligations of owners and occupiers

In relation to any Household Pet owned or in the care of an owner or occupier or owned or in the care of any visitor or invitee of an owner or occupier, the owner or occupier must:

  1. clean up all excrement or refuse left upon common property by the Household Pet;
  2. make good, or bear the cost of making good, any damage to common property by the Household Pet;
  3. ensure the Household Pet is under control or otherwise contained when on common property;
  4. ensure the Household Pet does not cause any annoyance, disturbance or nuisance to other owners or occupiers;
  5. ensure the Household Pet does not wander onto another owner’s or occupier’s lot or onto common property;
  6. ensure the living quarters of the Household Pet are maintained in a manner to prevent odours escaping from the lot;
  7. ensure waste generated from Household Pets is treated and disposed of in accordance with any Rules made by the owners corporation and, without limiting the generality of this by-law, ensure:
  8. ensure all waste from a Household Pet is double-bagged or placed in large, strong bags; and
  9. ensure litter is not placed in toilets.

1.7 Compliance

In relation to any Household Pet owned or in the care of an owner or occupier or owned or in the care of any visitor or invitee of an owner or occupier, the owners corporation may issue a notice to that owner or occupier requesting that owner or occupier comply with any condition in this by-law which the owners corporation believes has been breached by that owner or occupier.

If the owners corporation, acting reasonably, forms the view a Household Pet on a lot is or has become vicious or aggressive, or on a continuing basis has caused annoyance, disturbance or nuisance to other owners and occupiers, the owners corporation may serve a notice on the owner or occupier of the lot containing that Household Pet asking that the Household Pet be permanently removed from the parcel.

Any owner or occupier who has received a notice from the owners corporation under this by-law 1.7 must comply with the requirements of the notice within 14 days of receiving it.