I posted this on a cat forum due to many inquiries from cat people.
I am re-posting it here for everyone's benefit.
The following information in thanks to my father who works in Body Corporate industry.
I sent the following question to my father:
Out of curiousity, is this the same across other states and territories within Australia ? How does each state and territory differ from QLD?
His response:
If you would like for me to ask him on your behalf about the body corp in your state/territory, please give me an email or PM.
I am re-posting it here for everyone's benefit.
The following information in thanks to my father who works in Body Corporate industry.
If the by laws say no animals then no animals are permitted even though the owner of the unit (or the committee because they do not have the power to overturn an bylaw) approves.
It basically comes down to whether the animal is seen wandering on common property ie land owned by the Body Corporate.
In many cases some committees try to stop animals however that may be illegal if the bylaws don’t state the same. The committee has not the power to stop animals unless the by laws say so and may only approve of an animal if the body corporate has passed a motion at an AGM regarding the relevant by law.
Essentially you can have an animal within the lot, because the Adjudicator s office cannot issue an order relating to private property, only common property. However it is very difficult to stop an animal wandering outside of the unit and therein lies the problem. Often the application to have an animal removed from the property can only be achieved by photographic evidence of the animal when it was seen on common property.
In Queensland an application to remove an animal is made to the Commissioner for Body Corporate as a request for an Adjudicators Order.
If you have an animal in the unit and the BC bylaw says you should not you will face a lot of hostility from other owners notwithstanding the animal may not wander onto common property.
The Body Corporate can also set rules as to the type and size of animal for instance.
Animal events get nasty because you should not live in a Body Corporate if you’re not prepared to abide by the community rules which are available for everyone to see before moving in.
It basically comes down to whether the animal is seen wandering on common property ie land owned by the Body Corporate.
In many cases some committees try to stop animals however that may be illegal if the bylaws don’t state the same. The committee has not the power to stop animals unless the by laws say so and may only approve of an animal if the body corporate has passed a motion at an AGM regarding the relevant by law.
Essentially you can have an animal within the lot, because the Adjudicator s office cannot issue an order relating to private property, only common property. However it is very difficult to stop an animal wandering outside of the unit and therein lies the problem. Often the application to have an animal removed from the property can only be achieved by photographic evidence of the animal when it was seen on common property.
In Queensland an application to remove an animal is made to the Commissioner for Body Corporate as a request for an Adjudicators Order.
If you have an animal in the unit and the BC bylaw says you should not you will face a lot of hostility from other owners notwithstanding the animal may not wander onto common property.
The Body Corporate can also set rules as to the type and size of animal for instance.
Animal events get nasty because you should not live in a Body Corporate if you’re not prepared to abide by the community rules which are available for everyone to see before moving in.
I sent the following question to my father:
Out of curiousity, is this the same across other states and territories within Australia ? How does each state and territory differ from QLD?
His response:
All states are the same except who looks after complaints
If you would like for me to ask him on your behalf about the body corp in your state/territory, please give me an email or PM.
