NEW QLD BODY CORPORATE RULES – IT’S GOOD NEWS FOR PET OWNERS
From 1 May 2024, reforms to the Body Corporate and Community Management Act (BCCM Act) will commence. Amongst other changes, the reforms clarify that body corporate by-laws cannot prohibit the keeping of animals on a lot or common property or restrict the number, type or size of an animal that may be kept by an occupier.
By-laws can still require that an occupier obtain written approval from the body corporate to keep or bring an animal on the lot or common property. However, this approval cannot be unreasonably withheld. Refusal to grant approval on the basis of a ‘no pets’ rule would be considered unreasonable.
Under the reforms, a body corporate can only refuse a pet approval if:
- Keeping the animal would pose an unacceptable risk to the health and safety of another occupier because no conditions can be imposed which would reasonably manage the risk
- Keeping the animal would contravene a law e.g. a local law that prohibits certain types of animals being kept at a lot
- The animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008
- Keeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal
- Keeping the animal would unreasonably interfere with native fauna that live on or visit the scheme land and interference could not reasonably be managed by conditions imposed on the keeping of the animal
- The occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal. A reasonable condition would, for example, be requiring the animal to be on a leash when in a lift.
