VCAT over-ruled ban on pets by Owners Corporation
In June, the owners corporation of an Eaglemont subdivision went to the Victorian Civil and Administrative Tribunal (VCAT) seeking an order requiring resident Madison Brewster to remove her Cavoodle from her rented townhouse.
Ms Brewster had her landlord’s permission to have the dog, but the subdivision’s owners corporation had passed special rules in 2013 prohibiting pets from common property and private lots.
VCAT Member Linda Rowland found the special rules were “invalid and of no effect” because they unfairly discriminated against pet owners.
“In her ruling, Ms Rowland found the owners corporation did not have the legal power to prohibit pets from private lots.
“In my opinion, the power under [the Act] to control noise and nuisance and the behaviour of persons does not give an owners corporation power to prohibit an otherwise legal activity on the basis that it would prevent a possible noise or nuisance,” she said.
The ruling noted there was no evidence the dog was dangerous or causing a nuisance.
Ms Rowland said there was nothing necessarily unfair about prohibiting pets from common property and said it was reasonable to prohibit pets from shared swimming pools or gymnasiums.
However, she said the townhouses in question were “similar to a row of terraces” and there was no evidence that an appropriately restrained dog could interfere with other residents’ enjoyment of the subdivision’s common property driveway.
VCAT ordered Ms Brewster to restrain her dog while on common property until March 1 “to enable the owners corporation to pass and register an effective rule if it chooses to do so”.”
Pet ownership can pose a massive challenge for owners and tenants.
At Buyer Solutions we find most of our tenants with animals are very responsible, happy to provide references and pay an additional bond for the animal. If tenants are responsible and pay for any damage their animals might cause at the property, most of our owners are happy with that.
This is certainly a landmark case and signals more flexible legal attitudes to pets in rented properties going forward.
The Tenants Union has welcomed the finding and here is an article on this finding from ABC News for your interest.
For independent advice on buying or selling real estate, contact Janet Spencer at Buyer Solutions +61 3 9816 8555 or email jspencer@buyersolutions.com.au
+61 39816 8555