NSW court delivers landmark ruling for pet owners in units
A landmark court judgment has delivered a huge win for apartment owners who keep pets.
The highest court in NSW ruled that an attempt by one of Sydney’s most famous apartment buildings to ban animals was a breach of the law.
The ruling means no apartment building in the state will be able to enforce blanket bans on pets.
Three Court of Appeal judges struck down the attempt from building The Horizon in Darlinghurst to bar unit residents from keeping animals, overturning the right of apartment blocks to pass bylaws restricting pet ownership.
The verdict followed a five-year legal fight by a pet owner in the building to keep her dog.
Bartier Perry partner Sharon Levy, whose firm represented Jo Cooper, the owner of a 13-year-old miniature schnauzer named Angus, said the unanimous decision would have wider repercussions for pet owners.
“This decision effectively changes the way owners corporations can govern their strata schemes,” Ms Levy said.
The court ruled it was against legislation to ban pets from buildings.
“The court has found that banning animals breaches strata scheme legislation which provides that by-laws can’t be ‘harsh, unconscionable or oppressive’.”
Ms Levy said Ms Cooper’s decision to fight a lengthy legal battle to keep Angus in her apartment had not only been vindicated but would affect thousands of apartment owners across the state.
“This ruling may have far wider ramifications as to the by-laws owners corporations can
impose on apartment owners. Every dog has its day but Angus’ win could mean some significant changes and legal challenges to by-laws for years to come,” Ms Levy said.
Ms Cooper said she was overwhelmed by the court decision after a five-year legal battle to keep Angus in her apartment.
“The emotional toll from pursuing this case has been incredibly hard. Yet throughout the last five years I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance.”
The ruling is a win for Angus but it’s also a decision that should ensure owners corporations take a more balanced approach to the governing of apartment owners, she said.
Originally published on realestate.com.au
12 October 2020
By Aiden Devine
