[GoldCoastGirl]

The following information in thanks to my father who works in Body Corporate industry.

If the by laws say no animals then no animals are permitted even though the owner of the unit (or the committee because they do not have the power to overturn an bylaw) approves.

It basically comes down to whether the animal is seen wandering on common property ie land owned by the Body Corporate.

In many cases some committees try to stop animals however that may be illegal if the bylaws don’t state the same. The committee has not the power to stop animals unless the by laws say so and may only approve of an animal if the body corporate has passed a motion at an AGM regarding the relevant by law.

Essentially you can have an animal within the lot, because the Adjudicator s office cannot issue an order relating to private property, only common property. However it is very difficult to stop an animal wandering outside of the unit and therein lies the problem. Often the application to have an animal removed from the property can only be achieved by photographic evidence of the animal when it was seen on common property.

In Queensland an application to remove an animal is made to the Commissioner for Body Corporate as a request for an Adjudicators Order.

If you have an animal in the unit and the BC bylaw says you should not you will face a lot of hostility from other owners notwithstanding the animal may not wander onto common property.

The Body Corporate can also set rules as to the type and size of animal for instance.

Animal events get nasty because you should not live in a Body Corporate if you’re not prepared to abide by the community rules which are available for everyone to see before moving in.

If you would like for me to ask him on your behalf about the body corp in your state/territory, please give me an email or PM.

[Advert]

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[Heather Sharada]

This is very useful information - I will pin it to the top of the thread....

[GoldCoastGirl]

I feel honoured. I will add to this thread down the line as well.

[Kati]

Thanks again - great info!

[GoldCoastGirl]

I sent the following question to my father:
Out of curiousity, is this the same across other states and territories within Australia ? How does each state and territory differ from QLD?

His response:

All states are the same except who looks after complaints


So there you have it. If someone can change the title of this thread to Australia instead of QLD that would be fab

[monty_dweezil]

I'm so lucky. When we were househunting, we were told my real estate agents that no body corporates let you have cats (or pets in general) and to either give up on the idea (which I refused to do) or hide the cat inside. I also refused to do this, since the place we had our eye on was on the ground floor and also we refuse to never let the cat(s) be seen by anyone, what if someone wandered by and glanced in and saw him(them) inside, or heard a meow, etc.

Anyway, so I was VERY distressed by this. I wrote to the body corporate of the place we wanted to possibly buy and said I was very interested but needed to know if we could have a cat. I didn't specify whether we already had one or not, and I got a reply a week later in the form of a text msg saying they had no problem with having a cat. YAY! I was ECSTATIC.

We ended up buying the apartment, which has a huge front patio and smaller back patio, and even though I'll never let the cats (when we eventually GET them!) outside alone unless they're in their little secure enclosure (once we get it) at the back, it'll be so nice to have them here, and we can sit outside together with them in their harnesses, etc.

Also, there are 2 other cats in this building AND a small dog. So...those real estate agents didn't seem to know what they were talking about, did they!?

When we got a copy of the body corporate by-laws, there was not a single mention of pets, either way. So I'm really relieved about that.

[beancurd]

i need your help.... but i still cant access your email nor sending pm....anyone???

=

pm sent.....

This post has been edited by beancurd: 28 November 2008 - 12:30 PM

[sealhope]

beancurd, this is a very old thread. Participants may not be members any longer.

[GoldCoastGirl]

I'm still around. I just don't visit or participate often because my time is spent elsewhere on the internet as well as having a life etc hahaha...

[beancurd]

yup...she replied me.....
i need help desperately....
so..no matter what i still need to try...

[Sara Jane]

I have hidden my cat in my apartment... Now that he has lost his entitlement to balcony rights (after jumping 2 floors down and taking an hour to rescue) it makes it even easier to hide him!!!

I figure that as I am moving in January it won't really make much difference if he is there for a month

My next place I will notify that i have a cat in my application.

[artdecogirl]

thought i'd share my body corporate experience... this will be most relevant for unit owners or potential owners.

when i bought my unit i was aware that the by-laws required occupants to apply for and be granted permission to keep an animal within a lot (unit). i was also aware that a previous owner had applied twice to the body corp to keep a cat on her lot and been refused permission. soonafter i bought, i was made aware by my neighbours that this owner then took the matter to the body corp adjudicator (here in qld) and the body corp's original decision was upheld by the adjudicator. that owner then sold her property and left.

at this time i was not seeking to get a pet so it didn't bother me terribly. however, after about 6 months i became very ill with stress-related anxiety which resulted in depression. i worked hard to get myself better but because i fell so hard, it will always be a weak area for me. my psychologist suggested that animals are great therapy for anxiety and depressive conditions...which of course is so true. i would relish visiting my friends who have cats and also going home to my parents' place where we have a border collie. i knew that an animal would really help me to manage my condition an on ongoing basis (i am really very well but have a tendency to work long hours and worry about work whilst at home.. tsk tsk which i knew would be alleviated by having another responsibility outside work ... i don't have children).

so i decided to apply to the body corp to see if i could get a cat. i started by doing loads of research... i found that the concerns my neighbours had revolved around (1) hygiene (2) trip hazard if cat in common areas (3) public liability insurance if cat caused harm on common property (4) allergy to cats. my neighbours had also mentioned about it being cruel to keep a cat inside at all times. so i researched all these elements so i would be able to address any concerns if they were raised with my application.

but before i lodged my application, i went around to the other owner residents (the body corp members) and let them know that i was going to apply to get a cat and it was primarily for health reasons and that i'd be happy to discuss any concerns. during these discussions i found that the previous owner had caused a lot of disharmony within the community and that her applications to get a cat were just one of many concerns they had with her, and that they were primarily concerned about her being inflexible about how her cat would be kept eg litter tray on balcony in sun (smelly for neighbours), let cat out to roam (trip, allergy hazard) etc. fortunately, i was able to address everyone's concerns in our conversations based on my research and the more considerate way that i intended to keep my cat (inside only, a breed to suit indoors, litter tray in laundry with other hygiene solutions, etc).

all my neighbours pledged their support for my application (even one lady who is scared witless of cats) and reiterated that they appreciated me having the discussion with them in person and that if they had any further concerns i would happily chat with them and work out a way to resolve them. given my health conditions, i worried myself sick about my application causing discord with my neighbours (who i have had a great neighbourly relationship with for 2.5 years now). i planned my approach down to the nth degree, starting by talking with a neighbour i knew to be cat friendly who was supportive, and then onto the next most likely supportive neighbour and so on.

after i spoke with them all, i lodged my application with the body corp manager.

a voting paper was sent to all body corp members and my application was granted permission with no dissent.

happily, i now have my kitty (audrey) who arrived just 2 weeks ago and she is a welcome member of the community (inside only still but neighbours have come to meet her).

in the end it was so easy. it was all about good communication and good relationships. if you demonstrate that you are a responsible and valued member of the community then it is more likely that your fellow body corp members will be supportive. of course, i was also very lucky with my great neighbours... thankfully : )

i wish all others the very best in their applications.

[Sherridin]

in the end it was so easy. it was all about good communication and good relationships. if you demonstrate that you are a responsible and valued member of the community then it is more likely that your fellow body corp members will be supportive. of course, i was also very lucky with my great neighbours... thankfully : )

Kudos to you, we can only wish that all cat owners were as responsible and considerate (whether they be outright owners or rental tenants) and be as thoughtful of the other inhabitants of their buildings as you.

[stinkysnarly1]

When I bought my unit I was told that under no circumstances could I keep a cat but as it turns out as long as they are inside only my body corporate cannot stop me by law. Apparently it's to do with how the by laws were written and the enforceable law in SA.