KEY TAKE OUTS:
- What is a community scheme?
- Pets now permitted to be kept in community schemes
- When pets are not permitted within community schemes
You may recall that in August 2021, a new section was be added to the Strata Scheme Management Act which prohibited a Strata Scheme from having a by-law that unreasonably stops the keeping of an animal on a lot.
But did you know that in November 2024, community schemes introduced something similar?
What is a community scheme?
Community schemes involve subdivisions where you own and maintains any buildings constructed on your property but also share in the use and the maintenance costs of other facilities including recreational facilities such as swimming pools, tennis courts and golf courses. If you are located in South-West Sydney, a perfect example of this is the Harrington Grove Estate.
What has changed?
Animals are now permitted to be kept in community schemes. A resident’s pet can only be refused in certain circumstances. Those circumstances include where the pet interferes with another residents use and enjoyment of their property to an extent that is unreasonable.
But what does ‘unreasonable interference’ mean? Unreasonable interference means the pet is a constant nuisance or a danger to others. Examples of this include but are not limited to:
- Where the pet attacks or even threatens another resident or animal including chasing a resident;
- Where the pet causes damage to someone else’s property or the common property, on a repeated basis; and
- Where the pet is constantly making noise that unreasonably affects another residents peace or convenience
In the case of dogs specifically, a dog that is a restricted breed under the Companion Animals Act or classified as ‘dangerous’ may be refused.
Conclusion: Coutts can help
Signing a lease, whether you’re a landlord or a tenant, represents a major commitment with potential liability over an extended period. It’s crucial to have a legal expert to scrutinise and refine the terms before finalising such an agreement. At Coutts Lawyers & Conveyancers, we excel in handling all aspects of the landlord/tenant relationship, ensuring a smooth and legally sound leasing process.
ABOUT MELINA MAIOLO
Melina joined the Coutts team in 2010 working as a Licensed Conveyancer within our Property & Conveyancing team, based out of our Campbelltown office. Her commitment to client services saw her progress further and into the role of a Senior Licensed Conveyancer in July 2022.
She graduated with a distinction in the Advanced Diploma of Conveyancing and is accredited with the Australian Institute of Conveyancers NSW.
For further information please don’t hesitate to contact:
Melina Maiolo
Senior Licensed Conveyancer & JP
info@couttslegal.com.au
1300 268 887
This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.
