PENTHOUSE PETS AND CHILDREN

201412.05
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PENTHOUSE PETS AND CHILDREN

Keeping pets in a strata unit in NSW is a controversial area. To codify the law the Government brought in regulations to cover the situation which cover both the owner and someone renting from them. A developer has to nominate the options A B or C that the strata plan shall operate under.

Option A

(1) an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

Option B

(1) an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

(3) If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:

(a) notify the owners corporation that the animal is being kept on the lot, and

(b) keep the animal within the lot, and

(c) carry the animal when it is on the common property, and

(d) take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.

Option C

an owner or occupier of a residential lot must not keep any animal on the lot or the common property.

Section 49 of the Act is provides that a by-law cannot restrict children. A by-law for a residential strata scheme has no force or effect to the extent to which it purports to prohibit or restrict persons under 18 years of age occupying a lot. This subsection does not apply to a by-law for a strata scheme for a retirement village or housing exclusively for aged persons.

AND a By-law cannot prevent keeping of guide dog. A by-law has no force or effect to the extent to which it purports to prohibit or restrict the keeping on a lot of a dog used as a guide or hearing dog by an owner or occupier of the lot or the use of a dog as a guide or hearing dog on a lot or common property.

AND if you live in a penthouse there is nothing to stop you keeping a Penthouse Pet.