Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 169B

169B By-laws about keeping animals (other than guide, hearing and assistance dogs)

(1) This section does not apply in relation to an animal that is a guide, hearing or assistance dog.

(2) A by-law must not—

(a) prohibit the keeping or bringing of an animal on a lot or the common property of the community titles scheme; or

(b) restrict the number, type or size of an animal that an occupier of the lot may keep or bring on the lot or common property for the scheme.

(3) However, a by-law may provide that an occupier must not, without the written approval of the body corporate for the scheme, or the committee for the body corporate—

(a) keep or bring an animal on the lot or the common property; or

(b) permit an invitee to keep or bring an animal on the lot or the common property.

(4) If a by-law requires the written approval of the body corporate for the scheme, or the committee for the body corporate, to keep or bring an animal on the lot or the common property, the body corporate, or the committee—

(a) must, after receiving a request for approval, within the period prescribed by the regulation module applying to the scheme decide whether to grant the approval; and

(b) may, in writing, grant the approval subject to conditions that are, in the circumstances, reasonable and appropriate; and

Examples of conditions that may in particular circumstances be reasonable—

1 The animal must be in a carry cage, in a pet pram or on a leash in order to limit the animal’s movement when in a lift in the scheme.

2 The animal’s waste must be disposed of in a way that does not unreasonably expose another occupier or the other occupier’s invitee to the odour or sight of the waste.

(c) must not unreasonably withhold approval.

(5) To remove any doubt, it is declared that the body corporate’s or the committee’s refusal to approve an owner’s or occupier’s request to keep or bring an animal on the lot or the common property on the grounds that no pets are allowed is unreasonable.

(6) The body corporate, or the committee, may refuse to grant approval under subsection (4) only if the body corporate, or the committee, is satisfied, on reasonable grounds, of any of the following matters—

(a) keeping the animal would pose an unacceptable risk to the health and safety of an owner or occupier of a lot because—

(i) the owner or occupier is unwilling or unable to keep the animal in accordance with reasonable conditions that address the risk; or

(ii) the risk could not reasonably be managed by conditions imposed on the keeping of the animal;

Example—

An owner or occupier of a lot has a severe allergy to a particular type of animal and it is not possible to impose a condition that would manage the person’s risk of exposure to the allergen.

(b) keeping the animal would contravene a law;

Example—

a local law that prohibits certain types of animals being kept at a lot or restricts the number of animals that may be kept at a lot

(c) the animal is a regulated dog under the Animal Management (Cats and Dogs) Act 2008 ;

(d) keeping the animal would unreasonably interfere with an occupier of another lot’s use and enjoyment of the lot or common property and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;

(e) keeping the animal would unreasonably interfere with native fauna that live on, or visit, the scheme land and the interference could not reasonably be managed by conditions imposed on the keeping of the animal;

(f) the occupier does not agree to reasonable conditions proposed by the body corporate for keeping the animal;

(g) another matter prescribed under the regulation module applying to the scheme.

(7) Also, the body corporate’s approval may be withdrawn if the occupier does not comply with the conditions stated in the written notice given under subsection (4) (b) .