Pet ownership in units plans has been made easier by encouraging owners corporations to pass pet-friendly rules and letting would-be buyers or renters know what the rules on pets are before they commit to a unit. Previously, a unit buyer or tenant had to wait until they moved in before they could ask for permission to keep their pet and were left in limbo until consent was granted.
Tenants still need their landlord's agreement to keep a pet in a unit. But, once they have landlord approval, they should find the owners corporation rules governing pets easier to deal with.
A new default pet rule permits an animal to be kept in a unit, as long as an owners corporation is given notice of its arrival. An owners corporation can adopt the new default pet rule or create its own rule in accordance with the requirements of the legislation. It can also opt to keep a consent process if unit owners prefer. However, if a rule requires unit owners or tenants to seek consent to keep a pet, the owners corporation needs to respond in writing to any such request within 3 weeks of receiving it. If the owners corporation does not respond to the request within 3 weeks, it is taken that consent is granted. Tenants and unit owners can lodge a request to keep a pet before moving in if they want certainty sooner.
Owners corporations are not allowed to unreasonably withhold consent for a pet, and any refusal is subject to review by the ACT Civil and Administrative Tribunal. Consent may be granted with or without conditions. If consent is refused, the owners corporation will need to explain why in writing. Previously, they were not obliged to document their reasons.
People living with a disability or illness do not need permission to keep guide dogs or other assistance animals in a units plan, although they may be asked for proof of their assistance animal's accreditation. Previously, the law did not differentiate assistance animals from other animals, so this reform provides more clarity.
