Can the strata committee prevent me from keeping a pet?

27 Aug

In this month’s Strata Q&A, we received a question from Joanne L, an owner based in NSW, regarding whether or not the strata committee can prevent her from keeping an old English Bulldog she recently inherited, based on comments made that “bulldogs are dangerous”. Can the committee ban specific breeds? Is the nature of the dog taken into consideration?

Q. Can the strata committee prevent me from keeping a pet?

I have inherited a relative’s English Bulldog, who is quite old, in poor health, docile, and even needs to be carried up the stairs. My strata committee has informed me that I will not be allowed to keep him in my apartment because they believe that “bulldogs are dangerous”. Is this fair? Is there anything I can do to get this decision overturned?

A. Your committee cannot refuse your dog unless they can prove he causes a genuine nuisance, poses a threat to the safety of others, or that me is likely to significantly damage common property.

In New South Wales, recent changes to the Strata Schemes Management Act 2015 and Regulation 36A mean that strata schemes cannot simply ban pets without good reason. Committees are only allowed to refuse an animal if it is shown to:

cause a serious nuisance (for example, constant barking),
poses a genuine health or safety risk, or;
causes significant damage to common property.

In your case, the committee’s claim that “bulldogs are dangerous” is not a valid reason on its own. Strata laws are clear that personal opinions, breed stereotypes, or blanket bans are not enough to justify refusal. If your English Bulldog is elderly, docile, and not on the restricted dog list or register, there’s no automatic basis to exclude him.

If the committee does reject your application, you have the right to request their reasons in writing. If their reasoning still doesn’t meet the legal threshold, you can take the matter further by seeking mediation through NSW Fair Trading. If that doesn’t resolve the issue, you can apply to the NSW Civil and Administrative Tribunal (NCAT), which has the power to overturn unreasonable decisions and order that your pet be allowed.

In summary, your committee cannot refuse your dog simply because of his breed. Unless they can prove he causes a genuine nuisance, poses a threat to the safety of others, or that me is likely to significantly damage common property, you are within your rights to challenge the decision — first in writing, then through mediation or NCAT if needed.