In addition, clause 36A of the Strata Schemes Management Regulations 2016 which specifies the circumstances where keeping an animal unreasonably interferes with the use and enjoyment by another occupant has also come into effect on 25 August 2021. These circumstances include:
- the animal makes a noise that persistently occurs and unreasonably interferes with the peace, comfort or convenience of another occupant;
- the animal repeatedly runs at or chases another occupant, a visitor, or an animal kept by another occupant;
- the animal attacks or otherwise menaces another occupant, a visitor or an animal kept by another occupant;
- the animal repeatedly causes damage to the common property or another lot;
- the animal endangers the health of another occupant through infection or infestation;
- the animal causes a persistent offensive odour that penetrates another lot or the common property;
- for a cat kept on a lot — the owner fails to comply with an order under the Companion Animals Act 1998;
- for a dog kept on a lot — the owner fails to comply with an order under the Companion Animals Act 1998, the animal is declared to be a menacing dog or a dangerous dog or is a restricted dog under the Companion Animals Act 1998.
The circumstances set out in clause 36A appear to be reasonable and provides some much needed clarity on what constitutes ‘unreasonable interference’. It is hopeful that both s 137B and clause 36A will provide assistance to owners corporation and lot owners in keeping of animals in strata schemes.
Authors: Jasmin H.Singh & Allison Benson