It's no secret that Brisbane has seen an escalating apartment-living trend in recent years. The city’s inner suburbs are now packed with an assortment of medium and high density living spaces, with much more on the way.
In light of this growing development, dog owners across Queensland have fought relentlessly against bodies corporate to allow their furry companions to join them in the high-rise lifestyle.
The Queensland Body Corporate and Community Management Commissioner (QBCCMC) and the Queensland Civil and Administrative Tribunal (QCAT) have seen a slather of cases in recent years concerning by-laws that place restrictive rules on the keeping of pets in units or apartment buildings, or prohibit animals altogether.
In a vast majority of disputes, the Tribunal has ruled in favour of the dog owners.
A series of decisions have deemed absolute pet bans to be unreasonable under sections 169 and 180 of the Body Corporate & Community Management Act 1997 (Qld). These provisions only permit the creation of by-laws that regulate the use and enjoyment of a lot and prohibit by-laws that are oppressive or unreasonable.
Landmark Qld decisions for pets in apartments
Despite that it's now accepted law in Queensland that pet bans in community titles schemes are invalid and unenforceable, dog owners are still having to challenge by-laws that forbid them keeping a pet in their apartment or unit complex.
Brisbane locals Andrew and Janelle Lee Long are hoping to move into an inner city apartment within the next few years with their border collie, but the West End apartment complex they’re interested in places a 10 kilogram limit on the keeping of dogs.
"We hope that by the time we're ready to move the body corporate will have listened to the decisions which say you can’t place these restrictions on keeping dogs, but if not we’re prepared to challenge them to make sure our dog is allowed to stay," Mrs Lee Long said.
So why are bodies corporate continuing to resist against pet-loving apartment dwellers, forcing them to resort to the lengthy and costly adjudication process that will most likely result in the Tribunal deeming the laws invalid and allowing the pet to stay?
Brisbane property owner Gerard Forde says he doesn't allow tenants to have dogs in houses that have carpet due to hygiene and allergy reasons.
"The odours and germs from dogs stay in carpet for a long time so people who are highly allergic simply can’t stay in carpeted places where dogs have lived previously," he said.
“If the floors are tile or wood or something that can be easily cleaned and sanitised, then it’s fine for tenants to have dogs or other pets.”
QCAT adjudicator Bill LeMass says bodies corporate are continuing to enforce restrictive by-laws regarding the keeping of pets based on what they believe is reasonable for the particular building or the area.
"Until the law of what bodies corporate can and cannot regulate when it comes to having dogs and other pets is properly set out in legislation, apartment buildings will keep setting rules according to what they believe is reasonable, which may include banning pets altogether," he said.
"We hope that by the time we're ready to move the body corporate will have listened to the decisions which say you can't place these restrictions on keeping dogs...."
If you want to challenge your body corporate's by-laws regarding dogs and pets, lodging an application for adjudication is your starting point. This page lists all the requirements you need to fulfil before making an application.
