To their owners, pets are part of the family. The ability to keep a beloved companion at home is proven to be good for health, wellbeing, and lifestyle. But living in a shared property environment means balancing the rights and needs of pet owners with the comfort and safety of all residents. When issues arise, it’s important that an Owners Corporation (OC) has clear, fair and practical processes to manage pet-related matters, as relationships, local context and prompt resolution always matter.
At MBCM Strata Specialists, we believe the key is not simply to ignore complaints, or ban pets (which is now largely against the law), but to handle issues responsibly and humanely guided by law, fairness and community best practice.
What the Law Says in Victoria
In Victoria, under the Owners Corporations Act 2006 (OCA) and the associated Regulations, it is unlikely that an Owners Corporation can validly impose a blanket prohibition on pets.
The exceptions are very limited in scope and purpose. Specifically:
- The default or “model” rules (e.g. Model Rule 4.1(4) & (5) of the Owners Corporations Regulations 2018) provide that if an existing animal becomes dangerous or causes a nuisance to common property, the OC may issue notice to require its removal.
- A rule made by the OC only has effect if it is within the rule‑making powers under the OCA, properly registered (if required), and reasonably connected to the management, use or enjoyment of the common property or lots.
- Overly broad bans or prohibitions on pets have been struck down, for example in Owners Corporation SP24474 v Watkins [2016] VCAT 1312, where a total ban was found to unfairly discriminate against pet owners.
That means in many schemes, pets are permitted, but their behaviour and impact must not interfere with other residents’ reasonable enjoyment of their homes and common spaces, or it may and can result in a notice to remove the pet from site.
This also applies to pets, whose owners were given permission by their rental provider (landlord), to have them on the property.
Common Pet‑Related Complaints
Even with the best intentions, pets can lead to issues. Some of the most frequent concerns in strata schemes include:
- Noise and disturbance: barking dogs, especially in apartments where sound carries, can disturb neighbours.
- Safety or risk issues: poorly controlled pets or aggressive animals raise concerns for common‑property users.
- Hygiene, damage or allergens: pet hair, waste or odours entering other private lots or common areas that affect other residents’ enjoyment of their lot or the common areas.
- Residents’ discomfort: not everyone feels comfortable around animals; some may have allergies or fear of specific types of animals.
When these concerns are raised, a calm, fair and lawful approach is essential, and one that respects the rights of pet‑owners, while safeguarding the wellbeing of the wider community.
Steps for Owners Corporations to Handle Pet Issues Responsibly
Here’s a practical approach for your OCs and committee, whether you’re dealing with a first complaint, or managing a scheme in which complaints about pets are common.
- Refer to your by‑laws – common property rules first
- Check whether your OC has registered “special rules” about pets. If so, ensure these were distributed to all lot owners and occupiers.
- If no special rules exist, default to the model rules: pets are allowed unless they become a nuisance or danger.
- A fair assessment: Is the pet a nuisance or danger?
- Complaints should be assessed based on fact, not assumption: Is there evidence of ongoing noise, aggression, or risk? Is hygiene or common‑property damage involved?
- The OC (and committee) must act fairly, give notice when required under the Regulations, and provide the pet owner an opportunity to respond and to right the wrong or not allow the issue to recur.
- Communicate clearly and promptly with the pet‑owner (and complaining parties, if appropriate)
- Often a polite reminder or request to leash pets or restrict access to certain common areas resolves the issue.
- Keep records of communications, complaints, and any resolutions, with other related documentation, as it will be key to assess fairness if problems continue.
- Offer reasonable and practical solutions, not just threats
- Consider rules around hours for exercising pets on common areas, leash requirements across and through shared areas, responsible waste disposal, or even access restrictions to sensitive common areas (e.g. pool, gym, children’s play areas).
- Encourage pet‑owners to demonstrate responsible ownership. For example, using carriers in lifts/common corridors, ensuring pets are vaccinated, controlling noise, cleaning up after pets, and keeping pets appropriately restrained in common areas.
- If problems persist, follow a fair process before taking formal action
- If the behaviour doesn’t improve, after notification and reasonable time to respond, the OC may issue a formal notice requiring removal under the relevant rule, and in accordance with the regulated process..
- Ensure any decision is proportionate, clearly documented and transparent to all parties, as sudden or arbitrary pet removals can be challenged.
Why Local, Responsive Strata Management Matters
For the many small-to-medium buildings, a hands‑on, local approach is often the most effective way to manage pet issues, while maintaining harmony in the community.
As a network of locally owned branches, MBCM Strata Specialists brings local insight, responsiveness and fairness to how we handle pet complaints or approvals. We know the local regulations, we understand the needs of your community, and we’re committed to handling pet matters in a way that respects everyone.
Afterall, issues with pets aren’t always about the pet itself and therefore requires nuance; e.g. a targeted walking schedule may prevent a dog excessively barking ; a common‑area mess may not be through a lack of intent and an automated “blanket enforcement” or one-size-fits-all approach, seldom meets the needs of all involved.
Good Practice Tips for Pet‑Owners in Strata
For residents who love their pets, here are some practical tips to reduce the risk of issues in a strata community: Be sure to share them to proactively prevent problems arising.
- Minimise the chance of unnecessary or uncomfortable confrontations with people or others’ pets, by keeping your pet safe and under control in common areas: leash them or carry them, especially in lifts, foyers, corridors or shared gardens.
- Avoid frequent disturbance to fellow residents, by being mindful of noise travelling into neighbouring units when your pets are at home with and without you. Consider ways to help them avoid, or change, the disturbing behaviour, such as limiting the need to leave them alone for extended periods or exercising them before you do.
- Prevent offensive smells and health concerns, by ensuring you regularly and properly clean up after your pet: this includes within your lot, your balcony (if applicable) and shared areas.
- Avert escalation of matters by communicating openly if neighbours raise a concern. Sometimes a friendly chat or small adjustment can resolve matters quickly.
- Understand, respect and adhere to the rules of your Owners Corporation, which are in place not only for your pets benefit, but your own and that of your fellow residents too. If you don’t have access to a copy, simply reach out to your strata manager.
When it’s handled well, pets add warmth, companionship and a sense of community to strata schemes. They can help make an apartment or townhouse feel more like a home. Even moreso in shared living spaces, where everyone’s comfort and rights matter. That means responsible pet ownership to avoid issues, and firm but fair governance should problems arise.
At MBCM Strata Specialists, we believe in balancing the needs of pet‑owners with the rights of the wider community. Through clear rules, fair processes and responsive management, most pet-related issues can be resolved without conflict, helping ensure strata living remains harmonious, inclusive and respectful.