By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 12 April 2026.
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A common issue for those living in apartments that are managed by a strata scheme is whether the body corporate can lawfully forbid unit owners and other occupants from keeping a pet at the property. This contentious matter has affected thousands of pet owners across New South Wales, leading to disputes between unit owners and strata corporations. The issue was definitively addressed in a landmark decision of the New South Wales Court of Appeal in the matter of Cooper v The Owners in 2020. This page outlines that decision and its implications for the law on keeping pets in units in New South Wales, including the subsequent legislative changes that have reshaped pet ownership rights in strata properties.
Legislation
The Strata Schemes Management Act 2015 is the primary Act that regulates strata schemes in New South Wales. This comprehensive legislation replaced the earlier Strata Schemes Management Act 1996 and introduced significant reforms to strata property management.
Key Provisions for Pet Ownership
Section 139 of the Act specifically addresses by-law validity, stating that a by-law must not be "harsh, unconscionable or oppressive." This provision became crucial in challenging blanket pet bans. Additionally, sections 136-138 outline the process for making and amending by-laws, requiring special resolutions for changes that affect pet ownership policies.
Recent Legislative Amendments
Following the Cooper decision, the NSW Parliament passed amendments to the Strata Schemes Management Act 2015 in February 2021. These amendments explicitly prevent owners' corporations from unreasonably withholding consent for pet ownership, fundamentally changing the legal landscape for pet owners in strata properties.
Strata Schemes
A strata scheme is a building or group of buildings divided into lots with shared ownership of common areas. It is managed by an owners' corporation under a strata scheme, which must include by-laws. The owners' corporation may elect a committee to manage the scheme on behalf of all lot owners. The by-laws may be amended by a special resolution of the owners' corporation, requiring a 75% majority vote.
Role of By-Laws in Strata Management
By-laws serve as the internal rules governing strata properties, covering everything from noise restrictions to pet policies. These rules must strike a balance between individual property rights and collective interests of all residents. Prior to the Cooper decision, many strata schemes implemented broad by-laws that completely prohibited pet ownership without considering individual circumstances.
Owners' Corporation Powers and Limitations
While owners' corporations have significant authority to manage strata properties, their powers are not unlimited. They must act reasonably and in the best interests of all lot owners. The Cooper case established important precedents regarding the boundaries of these powers, particularly in relation to pet ownership restrictions.
Cooper v the Owners: The Facts
In Cooper v The Owners, the applicants were the owners of a unit in Darlinghurst, Sydney. A by-law in their strata scheme stated that animals must not be kept on the property without exception. The applicants owned a miniature schnauzer, a small, well-behaved dog that posed no apparent threat to other residents or property damage. Despite this, they were directed by the owners' corporation to remove the animal from the property immediately.
The Dispute Escalates
The applicants refused to comply with the removal order, arguing that their small dog caused no nuisance to neighbors and that a complete ban on all animals was unreasonable. They applied to the NSW Civil and Administrative Tribunal (NCAT) for a declaration that the by-law was invalid on the basis that the blanket prohibition on keeping pets was harsh, unconscionable or oppressive.
Harsh, Unconscionable or Oppressive
Under section 139 of the Strata Schemes Management Act 2015, a by-law must not be "harsh, unconscionable or oppressive." This provision serves as a crucial safeguard against unreasonable restrictions on property owners' rights.
Legal Test for Validity
The courts apply a three-part test to determine whether a by-law falls into these prohibited categories. A by-law may be harsh if it imposes unreasonable burdens, unconscionable if it takes unfair advantage of a party's circumstances, or oppressive if it exercises authority in a burdensome or tyrannical manner.
Procedural Steps
The NSW Civil and Administrative Tribunal (NCAT) initially upheld the applicants' claim and ordered the owners' corporation to remove the by-law and pay the applicants' costs. The tribunal found that a blanket ban on all pets was indeed harsh, unconscionable and oppressive.
Appeal Process
The owners' corporation was dissatisfied with this outcome and appealed to an Appeal Panel of NCAT. The Appeal Panel took a different view and set aside the original tribunal's orders, directing the applicants to remove their dog within 28 days. This conflicting decision highlighted the complexity of the legal issues involved.
Court of Appeal Challenge
Determined to establish their rights, the applicants then appealed to the NSW Court of Appeal, the state's highest court for civil matters. This appeal would ultimately result in a landmark decision that changed pet ownership rights across New South Wales.
The Court's Decision
The Court of Appeal carefully considered the fundamental purpose for which by-laws are made under strata legislation. The court examined whether blanket pet bans serve legitimate strata management objectives or represent an overreach of corporate authority.
Powers and Purpose of By-Laws
The Act confers the power to make by-laws for the benefit of all lot owners, not to arbitrarily restrict individual rights. A by-law that restricts the lawful use of property must have a rational connection with the lawful enjoyment of other lots and the common property to fall within the proper scope of by-law making powers.
Individual Property Rights
The court emphasized that lot owners are entitled to use and enjoy their property within the confines of the law. The blanket prohibition on keeping any animal was found to be unreasonably broad, preventing lot holders from using their lots in ways that could not rationally affect other lot owners or common property.
Proportionate Response
The court noted that specific animal-related issues, such as noise, damage, or dangerous breeds, can be adequately addressed through targeted by-laws rather than blanket prohibitions. The administrative convenience for owners' corporations of implementing blanket bans does not justify the significant interference with the fundamental property rights of lot owners.
Unanimous Decision
The Court of Appeal unanimously found against the owners' corporation, establishing a clear precedent that blanket pet bans exceed the proper scope of by-law making powers in NSW strata schemes.
No Blanket Bans on Animals
The consequences of the Cooper decision are far-reaching for strata schemes throughout New South Wales. Owners' corporations can no longer impose blanket bans on keeping animals, and existing blanket ban by-laws became invalid following this decision.
Legislative Response
On 24 February 2021, the NSW government formally amended the strata title legislation to codify the principles established in Cooper v The Owners. The amendments explicitly state
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