Powered by MOMENTUM MEDIA
realestatebusiness logo

Breaking news and updates daily. Subscribe to our Newsletter!

Home of the REB Top 100 Agents
Breaking news and updates daily. Subscribe to our newsletter

Website Notifications

Get notifications in real-time for staying up to date with content that matters to you.

Landmark judgment invalidates apartment building ban on pets

By Emma Ryan
13 October 2020 | 1 minute read
pet reb
A decision by the NSW Court of Appeal to allow pets in a high-rise is set to have major ramifications for corporations and apartment owners.

Earlier this week, three Court of Appeal judges delivered what’s being described as a landmark decision likely to affect strata schemes going forward. 

The matter centred around Darlinghurst-based complex The Horizon, which sought to ban tenant Jo Cooper from keeping her 13-year-old Miniature Schnauzer named Angus at the premises.

The NSW Court of Appeal struck down the attempt by The Horizon, saying to ban animals from the building was a breach of legislation. 

“The court has found that banning animals breaches strata scheme legislation which provides that by-laws can’t be ‘harsh, unconscionable or oppressive’,” said Bartier Perry partner Sharon Levy, whose firm represented Jo Cooper.

“The emotional toll from pursuing this case has been incredibly hard. Yet throughout the last five years, I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance.

“Today is a win for Angus, but it’s also a decision that will hopefully ensure owners corporations take a more balanced approach to the governing of apartment owners.”

Ms Levy added the decision effectively changes the way owners corporations can govern their strata schemes.

“This ruling may have far wider ramifications as to the by-laws owners corporations can impose on apartment owners,” she said.

“Every dog has its day, but Angus’ win could mean some significant changes and legal challenges to by-laws for years to come.”

Landmark judgment invalidates apartment building ban on pets
pet reb
lawyersweekly logo

ABOUT THE AUTHOR


Emma Ryan

Emma Ryan

Emma Ryan is the deputy head of editorial at Momentum Media.

Emma has worked for Momentum Media since 2015, and has since been responsible for breaking some of the biggest stories in corporate Australia, including across the legal, mortgages, real estate and wealth industries. In addition, Emma has launched several additional sub-brands and events, driven by a passion to deliver quality and timely content to audiences through multiple platforms.

Email Emma on: [email protected]com.au

Rankings
rankings
JUST RELEASED
May 09, 2022

REB Top 50 Women in Real Estate 2022

REB is thrilled to present the Top 50 Women in Real Estate 2022 ranking, which sets t ... LEARN MORE

rankings
JUST RELEASED
May 04, 2022

REB Top 100 Agents 2022

Now in its second decade, the REB Top 100 Agents 2022 rankings are the most revered s ... LEARN MORE

rankings
JUST RELEASED
May 02, 2022

REB Top 50 Agents NSW 2022

Even a pandemic has not put the brakes on the unstoppable property market in NSW, whi ... LEARN MORE

rankings
JUST RELEASED
April 27, 2022

REB Top 50 Agents VIC 2022

The COVID-19 crisis has not deterred the property market in Victoria, which has been ... LEARN MORE

rankings
JUST RELEASED
April 25, 2022

REB Top 50 Agents QLD 2022

As the property market continues to roar in Brisbane and Queensland, the REB Top 50 A ... LEARN MORE

Coming up

rankings rankings

 

Subscribe to our RPM
mailing list

 

Do you have an industry update?

top suburbs

12 month growth
Box Hill
127.02%
Mollymook
82.85%
Brightwaters
79.93%
Cleve
78.13%
Bawley Point
76.2%
Murrays Beach
75.57%
Terranora
70%
Crescent Head
69.38%
Park Ridge South
68.32%
Mollymook Beach
67.09%
SEE AREA REPORTS ON SMART PROPERTY INVESTMENT WEBSITE
Subscribe to Newsletter

Ensure you never miss an issue of the Real Estate Business Bulletin.
Enter your email to receive the latest real estate advice and tools to help you sell.