Landmark judgment invalidates apartment building ban on pets

Posted on October 13, 2020 by | 0 Comments

A decision by the NSW Court of Appeal to allow pets in a high-rise is set to have major ramifications for corporations and apartment owners.

Earlier this week, three Court of Appeal judges delivered what’s being described as a landmark decision likely to affect strata schemes going forward.

The matter centred around Darlinghurst-based complex The Horizon, which sought to ban tenant Jo Cooper from keeping her 13-year-old Miniature Schnauzer named Angus at the premises.

The NSW Court of Appeal struck down the attempt by The Horizon, saying to ban animals from the building was a breach of legislation.

“The court has found that banning animals breaches strata scheme legislation which provides that by-laws can’t be ‘harsh, unconscionable or oppressive’,” said Bartier Perry partner Sharon Levy, whose firm represented Jo Cooper.

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