As of 1 November 2024, pet ownership in community schemes has undergone significant changes.

The new legislation focuses on preventing unreasonable interference. This means that while pets are allowed, their presence must not negatively impact the lives of other residents.

What Constitutes Unreasonable Interference?

Unreasonable interference refers to situations where a pet’s behaviour consistently disturbs or endangers others. This could include:

• Noise: Constant barking, howling, or other loud noises that disrupt the peace and quiet of other residents.
• Aggression: Repeatedly chasing, attacking, or threatening other residents or animals.
• Damage: Consistently damaging common property or the property of other residents.
• Health Risks: Spreading diseases or infestations.
• Nuisance: Causing unpleasant odours or other nuisances in common areas.

Specific Circumstances for Refusal

In addition to the general concept of unreasonable interference, the following specific circumstances may lead to a community scheme refusing a resident’s pet:

• Nuisance Orders: If a pet, particularly a cat or dog, has been subject to a nuisance order.
• Dangerous or Menacing Dogs: Dogs classified as dangerous or menacing under relevant legislation.
• Restricted Breeds: Dogs belonging to breeds restricted by the Companion Animals Act 1998.

More Information

For further information on the updated regulations and how to manage pets in a community scheme, please refer to the following resources:

Fair Trading NSW: Link to Fair Trading NSW website on pets in strata schemes

DOES YOUR PET BY-LAW NEED TO BE UPDATE? – CLICK HERE NOW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

An owners corporation has the power to shape the future of its community. By making informed decisions about by-laws, an owners corporation can foster a more sustainable and environmentally friendly living environment.

The Choice of Outdoor Drying

Historically, people have relied on the sun and wind to dry their clothes. This simple, energy-efficient method not only reduces carbon emissions but also promotes healthier living for any community.

However, many strata by-laws restrict or prohibit outdoor drying, citing concerns about aesthetics or property values.

Indeed, for over 30 years, the model by-law concerning the drying of laundry items prohibited residents drying clothes in a way that is visible from outside their building without the consent of their owners corporation.

As the cost of living continues to rise, residents are looking at many ways to reduce costs. Using a dryer is no longer an option for many as they struggle with the costs of ever increasing energy bills.

This has led many strata owners to consider the option of drying their washing outside without use of a dryer.

Indeed, the new set of model by-laws introduced in November 2016 changed the default position in order to permit the drying of clothes outdoors (except over balcony railings) without owners corporation approval.

The Potential Benefits of Outdoor Drying in Strata:

• Reduced Energy Consumption: By relying on natural elements, residents can significantly reduce their energy consumption and lower their carbon footprint.
• Improved Air Quality: Outdoor drying can help to reduce indoor air pollution, which is often exacerbated using dryers which can also cause mould and damp issues.
• Cost Savings: By eliminating the need for energy-intensive dryers, residents can save money on their utility bills.
• Enhanced Community Spirit: Communal clotheslines can foster a sense of community and encourage social interaction among residents.

By relaxing restrictions on outdoor drying, an owners corporation can empower residents to make environmentally friendly choices.

What are the Options?

Consider the following options:

• Maintain Current By-Laws: Keep existing restrictions on outdoor drying in place.
• Relax Restrictions: Allow residents to dry laundry outdoors, perhaps with specific guidelines to maintain a clean and tidy appearance and to ensure washing is only permitted to remain outside for a reasonable period.
• Promote Communal Clotheslines: Encourage the installation of communal clotheslines in common areas, providing residents with a convenient and sustainable option.
• Educate Residents: Inform residents about the benefits of outdoor drying and how it can contribute to a greener future.
• Improving Air Quality, Improves Health: Not drying clothes inside will reduce indoor air pollution and reduce the risk of mould and damp issues.
• Lead by Example: Consider implementing sustainable practices such as recycling and energy-efficient lighting.

By carefully considering these options and engaging with your community, you can make informed decisions that will benefit both the environment and strata residents.

Review your Strata By-laws

Don’t let laundry disputes disrupt your community. Review your strata building’s laundry by-law now to ensure it’s clear, fair, and up to date. You’ll maintain a harmonious community and prevent future disputes. Speak to the experts today!

REVIEW YOUR LAUNDRY BY-LAW NOW!

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Navigating the complexities of strata fencing can be a daunting task. Understanding responsibilities and the governing laws is crucial to avoid disputes and ensure a harmonious living environment.

The Dividing Fences Act: Your Strata Fencing Guide

The Dividing Fences Act 1991 (NSW) provides a framework for resolving fencing disputes between neighbouring lot owners within strata schemes. While the Act outlines general principles, it’s essential to consider the specific circumstances of your situation and advisable to get professional legal advice.

Key Points to Remember:

• Common Property Fences: The owners corporation is responsible for maintaining and repairing fences that divide common property from external areas but can claim a contribution for the cost to carry out fencing work from neighbours in many circumstances.
• Fences between Lots and Common Property: In most cases, the responsibility for these fences is either entirely borne by the owners corporation (where the fences are common property) or is shared equally between the lot owner and the owners corporation (where the fences are not common property).
• Fences between Lots: In most cases, owners share equal responsibility for building, maintaining, and repairing fences that separate their individual lots where those fences are not common property.

Fence Definitions: Not so Simple

Then there are hedges, ditches, structures, embankments, natural watercourses, walls, retaining walls, and parts of buildings and more, that have been used to create boundaries or a fencelike structure – are these considered dividing fences?

Expert Advice and Strata By-laws

Strata fencing bylaws also help to prevent disputes between lot owners and owners corporations about the responsibility for fencing maintenance and maintain a harmonious living environment.

If you’re unsure about who is responsible for a particular fence or wall, have a dispute or need by-law advice, speak to our specialist strata lawyers, we’re happy to assist.

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Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.