The NSW Court of Appeals has delivered a landmark decision, rejecting an attempt by an owners corporation to ban animals in Sydney’s Horizon building.
The unanimous decision by three Court of Appeal judges found The Horizon’s blanket rule banning pets is a breach of legislation.
“This decision effectively changes the way owner’s corporations can govern their strata schemes,” Sharon Levy of Bartier Perry Lawyers said.
“The court has found that banning animals breaches strata scheme legislation which provides that by-laws can’t be ‘harsh, unconscionable or
oppressive.’”
Bartier Perry represented Jo Cooper, owner of a 13-year-old
miniature schnauzer named Angus.
Ms Levy said the decision was also set to impact thousands of apartment owners across the state.
“This ruling may have far wider ramifications as to the by-laws owners corporations can impose on apartment owners,” Ms Levy explained.
“Every dog has its day but Angus’ win could mean some significant changes and legal challenges to by-laws for years to come.”
Ms Cooper had been fighting the strata by-law for five years.
“The emotional toll from pursuing this case has been incredibly hard,” she admitted.
“Yet throughout the last five years I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance.
“Today is a win for Angus but it’s also a decision that will hopefully ensure owners corporations take a more balanced approach to the governing of apartment owners.”
