Common Ground 2050: Finding Solutions to Global Problems
5 vistas 0 veces vendidas
Grado
Lecture notes
Institución
Lecture Notes
Book
Agriculture & Food Systems To 2050: Global Trends, Challenges And Opportunities
Common Ground
Issue 20 3 February 2019
Department of Justice and Attorney-General Body Corporate and Community Management
BCCM Common Ground 3 Issue 20
Commissioner Foreword
2019 is definitely off and running in my part of the world.
This year I am hoping to continue with the work I d...
Department of Justice and Attorney-General
Common Ground Body Corporate and Community Management
Issue 20 3 February 2019
Commissioner Foreword
2019 is definitely off and running in my part of the world.
This year I am hoping to continue with the work I did during my academic placement
in 2018, looking at ways to innovate what we currently do to be more responsive to
client needs, while not losing any of the services we already provide.
My calendar is already filling up with seminars and meetings in the first half of the year
and so if you do get a chance to attend one of these events, please say hello and let
me know your thoughts. It is the best way for me and my team here to be able to
enhance our service delivery to you.
Chris Irons
Commissioner
Office of the Commissioner for Body Corporate and Community Management
Frequently Asked Questions – Pets
One of the most common issues dealt with by this office in conciliation is the refusal of pets by the body corporate.
Here are a few common FAQs which might help you through some of these issues:
Q1. Has the law changed recently to make pets allowed in community titles schemes?
In 2008, as a consequence of an appeal of an adjudicator9s decision, the Queensland Civil and Administrative
Tribunal (QCAT) formerly Queensland Consumer and Commercial Tribunal (CCT) considered whether or not a by-
law that applied an absolute ban on pet ownership exceeded a body corporate9s authority. The QCAT decided that
imposing an absolute ban on the keeping of animals was unreasonable. As a consequence subsection 7 was
inserted to section 180 of the Body Corporate and Community Management Act 1997 (Act) in 2009. Section 180
of the Act, provides for limitations on by-laws. A by-law cannot be oppressive or unreasonable, having regards to
the interests of all owners and occupiers of lots included in the scheme and the use of the common property. It is
now a settled matter of law that adjudicators and other jurisdictions have found that prohibiting animals outright is
in conflict with the powers (sections 180(7), 169 and 94, Act) given to a body corporate to effectively govern and
regulate lots and common property.
Q2. I have previously had a cat approved who has since passed away. Can I get another one without having
to go through the approval process again?
Not as of right. Most approvals for pet ownership given by the body corporate are specific for the animal that you
currently own or are buying. That approval does not automatically transfer to any new animals you wish to
purchase. You may wish to check the wording of the approval given.
Q3. I asked for approval of my pet and the body corporate advised me that it’s approved but gave me a list
of conditions. Do I need to comply with the conditions?
Not all bodies corporate welcome pets with open arms. Sometimes other owners in the complex have concerns
about the impact that pets may have on them and their lifestyle. Most of those concerns can be addressed by
imposing conditions. If you don9t agree with all of the conditions imposed by the body corporate you should discuss
www.qld.gov.au/bodycorporate
BCCM Common Ground 3 Issue 20 Page 1 of 7
, your concerns with them in the first instance. If there is no agreement on the list of conditions then the body
corporate may not be in a position to approve your pet. There have been a number of adjudicators9 orders which
have dealt with conditions imposed by bodies corporate. Some of those conditions have included, but are not
limited to:
The animal must be adequately restrained on common property
The animal must be kept within the boundaries of the lot
The animal must not create unreasonable noise disturbance
Any droppings from the animal within the lot or on common property must be cleaned up immediately and
disposed of in such a way that is does not create noxious odours or otherwise contaminate the scheme
Previous adjudication orders can be searched online.
Q4. My pet was approved and now the body corporate is saying I have to remove it because they say it
barks too much.
That may be the case. Just because your animal is approved does not mean that it can misbehave. Owners need
to take responsibility for their pets and ensure they do not cause nuisance to other owners and occupiers.
Q5. Every time someone asks for a pet in my body corporate the body corporate says no, and tell owners
to apply for a dispute application with BCCM. Is it ok for the body corporate to get BCCM to make the
decision?
No, to put it bluntly. In fact the Commissioner9s Office should be the last port of call. An applicant must attempt
self-resolution before lodging a dispute with our office. If you have exhausted all avenues available to you to get a
formal decision from the body corporate, then you may need to lodge your application. Since 2009 adjudicators
orders have consistently ordered in favour of the pet owner, unless there has been good reason not to. This should
be a good indication to all bodies corporate that it9s unlikely their decision not to approve the pet will be upheld.
Your body corporate could be wasting valuable time and money (and remember, that money is money contributed
by each owner in the form of levies) if applications to this office, are based on a 8longstanding no pets policy9 or
8house rules9 to apply a ban on the keeping of pets. It also means that any potential purchaser who does a search
of adjudicators orders on your scheme may see that it is particularly litigious and look elsewhere.
Q6. My dog is a therapy dog for my anxiety. Do I still need to ask the body corporate for permission?
If your dog is certified under the Guide, Hearing and Assistance Dogs Act 2009 then you don9t need to ask for
permission to keep your dog. If your dog is not certified, you will need to seek permission just as you would for any
animal. In other words, there is a difference between a certified animal and a therapy or companion animal.
Q7. I am trying to sell my unit and every time a prospective purchaser is interested the body corporate
says no to their request for an animal. What can they do?
Our Office does not have jurisdiction to deal with disputes between a purchaser and the body corporate. We often
suggest that both the current owner and the purchaser make attempts to resolve the issue by asking the body
corporate to approve the animal first. If the body corporate does not approve the request to keep the animal the
current owner may consider applying for conciliation and name the purchaser as an interested person in the
application. If the application is not resolved before the settlement of the property a request can be made to
substitute the applicant to the new owner9s name.
You can read an adjudicators order that dealt with a purchaser9s request for an animal here.
Q8. My by-laws states that I cannot have an animal that weighs over 10 kilograms. Can they put that
restriction in an animal by-law?
In the majority of circumstances adjudicators have ruled a body corporate is not able to put a weight restriction on
the ownership of animals. It has been ruled that the size of an animal is not an indicator of the impact it may or
may not have on other owners within the community titles scheme.
www.qld.gov.au/bodycorporate
BCCM Common Ground 3 Issue 20 Page 2 of 7
Los beneficios de comprar resúmenes en Stuvia estan en línea:
Garantiza la calidad de los comentarios
Compradores de Stuvia evaluaron más de 700.000 resúmenes. Así estas seguro que compras los mejores documentos!
Compra fácil y rápido
Puedes pagar rápidamente y en una vez con iDeal, tarjeta de crédito o con tu crédito de Stuvia. Sin tener que hacerte miembro.
Enfócate en lo más importante
Tus compañeros escriben los resúmenes. Por eso tienes la seguridad que tienes un resumen actual y confiable.
Así llegas a la conclusión rapidamente!
Preguntas frecuentes
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
100% de satisfacción garantizada: ¿Cómo funciona?
Nuestra garantía de satisfacción le asegura que siempre encontrará un documento de estudio a tu medida. Tu rellenas un formulario y nuestro equipo de atención al cliente se encarga del resto.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mdapplehasan. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for $8.39. You're not tied to anything after your purchase.
