Strata Pet Disputes

With over two million Australians living in strata-titled apartments and townhouses, disputes about animal keeping are among the most common matters heard at state tribunals. The law has shifted dramatically in favour of pet owners in recent years — blanket pet bans are now unenforceable in NSW and Victoria — but the boundaries of "reasonable" pet keeping conditions remain contested. Expert animal behaviour evidence often determines whether a by-law is upheld or struck down.

The Legal Landscape After Cooper v The Owners

The landmark 2020 NSW Court of Appeal decision in Cooper v The Owners — Strata Plan No. 58068 established that blanket pet bans in strata by-laws are "harsh, unconscionable or oppressive" under section 150 of the Strata Schemes Management Act 2015. Since then:

• By-laws cannot prohibit pet keeping entirely — they can only impose reasonable conditions
• "Reasonable conditions" may include size limits, noise management, common area behaviour, and cleaning obligations
• Each pet application must be assessed individually — automatic refusal is not permitted
• The onus is on the owners corporation to demonstrate that a restriction is reasonable, not on the pet owner to justify their pet

Victoria followed with similar reforms, and Queensland's body corporate legislation also limits the power of by-laws to prohibit pets outright.

When Expert Evidence Is Needed

Our animal behaviour experts provide evidence in strata disputes involving:

• Noise complaints: Neighbours complain about barking, but is it excessive or normal canine communication? We conduct noise diaries, bark frequency assessments, and evaluate whether the barking indicates distress, boredom, or territoriality — each of which has different solutions
• Aggression in common areas: A dog growled at another resident in the lift or corridor. Was it genuine aggression or a fear response in a confined space? Expert assessment of the specific behaviour determines whether the dog poses a real threat
• Size and breed restrictions: A by-law limits pets to 10kg or bans specific breeds. Is this restriction reasonable? Expert evidence can demonstrate that breed and size are poor predictors of behaviour, and that individual temperament assessment is more appropriate
• Odour and hygiene: Cat litter odour, dog urine on balconies, or bird droppings — is the complaint objectively justified or a product of inter-neighbour conflict? Our experts assess the actual conditions
• Welfare in apartment environments: Is a large dog being kept in a small apartment without adequate exercise? Or is a well-exercised dog perfectly content in an apartment? Expert evidence about the species' actual needs versus common misconceptions

Common Strata Pet Disputes We Handle

• Pet approval applications rejected by the owners corporation
• By-law compliance notices alleging noise, nuisance, or behaviour violations
• Applications to NCAT/VCAT to declare a pet-restrictive by-law invalid
• Disputes between neighbours where one party's animal is allegedly causing disturbance
• Committee decisions to impose new pet conditions on existing residents
• Emotional support animal applications and the interaction with strata by-laws

Tribunal Expectations

NCAT, VCAT, and QCAT expect expert evidence in pet disputes to be objective and evidence-based. Our reports address the specific concerns raised by the owners corporation, assess the animal's actual behaviour (not assumptions based on breed or size), and where appropriate, recommend management conditions that balance the pet owner's rights with other residents' legitimate interests. Tribunals consistently prefer this nuanced approach over blanket rules.