Opinion

Facts About the New Ruling on NSW Strata Pet by-Laws

Facts About the New Ruling on NSW Strata Pet by-Laws

Property disputes are not uncommon when it comes to strata properties. Having one of the best building dispute lawyers in Sydney on your side can help one resolve such a dispute quickly and efficiently. Settling a dispute can take up tons of resources and is time-consuming hence it is essential to have a good lawyer by your side.

There are many types of strata complexes and each one will have different by-laws. These by-laws define the rules and regulations of the building that all residents need to abide by. There are often disagreements with such rules especially the ones pertaining to keeping pets in apartments.

In fact, there is a new ruling on this matter as explained in more detail in this article.

Tips to find strata title lawyers in Sydney

Disputes are common in strata complexes however, the ones concerning pets are some of the most common ones. This is often the topic of debate between residents who are against pets and pet lovers. A fairly recent ruling by the NSW Court of appeal will affect this decision and make a difference as far as pet by-laws are concerned.

Here are some important facts pertaining to this:

  • A recent ruling in the NSW Court of Appeal overrules a blanket pet ban by-law at Darlinghurst was against the Strata Scheme Management Act of 2015 and was in favour of the pet owner.
  • This new ruling invalidates blanket pet ban by-laws in strata schemes altogether.
  • Any strata by laws in Sydney that is against keeping pets without a justifiable reason. In fact, any limitation placed on a property by strata by-laws need proper justification.
  • At the same time, animal’s lovers who do opt to keep pets in their apartments should do so by causing the least disruption to the other residents in the building.
  • This new ruling is likely to reduce the number of legal battles occurring between property owners and the owner’s corporation concerning the issue of keeping pets at home.
  • The new rule also means that the owner’s corporation will need to review any harsh or oppressive decision in their by-laws that is relating to pets. It will need to be amended in accordance with the new ruling.
  • Although this new law is in favour of pet lovers, it does not give them a free run of the strata complex. They still need to ensure their pets do not cause a nuisance or cause harm to any other residents of the building.

Tips to find strata lawyers in Sydney, NSW

  • Opt for a specialist lawyer, one who is familiar with the strata by laws in Sydney since this can very well affect the outcome of your case.
  • A special strata lawyer will have the necessary skills to deal with issues arising due to building disputes.
  • Select a lawyer that has considerable experience and a good track record as well. It doesn’t hurt to ask for references as well.
  • Good communication is essential in such cases, this includes in person as well as via email.
  • Check the level of professionalism of the lawyer prior to retaining them. For example, they should be punctual, return calls & email and have a passion to fight for your interests.
  • Ensure the lawyer you select has a good understanding of the local laws and procedures.
  • It is essential you state your requirements clearly right from the very start, this can help assess whether or not you have the right lawyer
  • It is important to make note if the lawyer of choice pays attention to detail and makes an effort to understand the finer details of your case prior to taking the fight to the opposition.

Do not forget to consider the cost of hiring a lawyer when searching for the one with all the best skills as already discussed in the article. There is likely to be more clarity on how the by-laws pertaining to pets can be governed. This might even become a new strata legislation.

Such lawyers can help a great deal more than with the laws pertaining to pets. Property owners can also seek help or advice pertaining to building defects, drafting building contracts and dispute resolution.