INDUSTRY NEWSNew South WalesNEWS

Animals will now be allowed to live in strata buildings

An amendment has passed in the NSW Upper House, stopping strata management from passing by-laws that “unreasonably prevent owners and occupiers from having companion animals”.

Animal Justice Party MLC Emma Hurst passed the groundbreaking amendment, making the following statement:

“There are apartment and townhouse complexes in NSW that have by-laws that prevent people from having a companion animal, and there is nothing stopping strata management from retrospectively creating restrictions for residents who already live under a strata scheme. This amendment is changing that.

“My amendment will ensure stories like that of Colin and his greyhound Bu – who were living in a Bellevue Hill apartment until a sudden change to the by-laws resulted in Colin being told Bu could no longer live with him – will not occur.

“Colin, who is elderly and suffering a range of health issues, was distressed and unsure what to do.

“Thankfully he managed to get the support of some lawyers and the community, and after a significant media campaign, the strata scheme agreed to allow Bu to stay. But sadly, Colin’s story is not an isolated incident.

“In the past few years, there have been a number of court cases seeking to challenge these by-laws.

“Currently, the Strata Schemes Management Act allows owners corporations to pass by-laws which ban animals from being kept in an apartment building, unless the animal is an assistance animal.

“Our amendment, which passed in the Upper House last night, provides that a by-law will have no force or effect to the extent it unreasonably prohibits having an animal in a strata complex.

“This means that the strata scheme would have a legitimate basis to withhold permission for someone wanting to bring a horse into a one-bedroom apartment, but they couldn’t prevent owner occupiers from rescuing a cat.

“It is unacceptable that we would require someone to have to choose between selling an apartment they own, or losing their companion animal – simply because of a by-law,” Ms Hurst said.

“There are hundreds of thousands of healthy cats and dogs in pounds looking for forever homes- and many loving families who can provide these homes.

“This change in the legislation will help those families to be able to safely adopt and save a life without risking having to lose their homes.

“We are a nation of animal lovers, and our state must become more companion animal friendly- this is the first step.

“I am proud to say that the Legislative Council has passed my amendment, protecting the ability of humans and animals to live together securely in apartment complexes regulated by strata by-laws. The amendment will now go to the lower house before becoming law.”

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