How to Get Approval to House a Dog within your Lot?

With the recent pandemic-associated lockdowns and upcoming changes to Queensland tenancy laws, more Owners and Occupiers are looking into keeping pets within Community Titles Schemes, particularly dogs.

While the prospect of introducing a furry friend into your home is exciting, there is still a process to be followed to help ensure having your dog within your lot does not negatively affect you as an owner or the body corporate community.

As a lot owner, what is the first step if you or an Occupier of your lot wants to keep a dog?

1. First, you should familiarise yourself with the body corporate by-laws relating to the keeping of animals, and any applicable laws as set by your local government authority (LGA).
   • Most bodies corporate will have a by-law on the keeping of pets, generally along the lines of the requirement of the written body corporate approval to keep an animal. If you do not have a copy of your scheme’s by-laws or have any queries regarding your scheme’s by-laws, you should contact your Community Relationship Manager.
   • On this same token, many LGA’s will have laws regarding how many animals of a certain type can be kept within a lot. Any queries on these should be directed to the local government authority, particularly if you are moving between LGA’s such as from Brisbane City Council to Moreton Bay Regional Council.
2. Now that you as an owner have familiarised yourself with the by-laws and local government laws applicable to the keeping of animals, the next step is to submit an application to the body corporate for consideration.
   • When making an application you should keep in mind how appropriate your dog would be for your lot, in regard to the available space, the exercise requirements and temperament of the breed, and hygiene.
   • To assist the committee in making a reasonable decision on your dog application, it is suggested that copies of veterinary records and council registration be sent with the application. In some bodies corporate, this may be required as part of the conditions of approval as set by the body corporate.
   • An application to keep a dog within the lot should be submitted by the lot owner or an agent acting on the behalf of the owner. Should you have a tenant that wishes to apply to keep a dog within the lot, it is suggested that the application be sent to the body corporate manager via the property manager, or by the owner in the absence of a property manager.
3. Once the application has been submitted it will then require consideration by the body corporate committee, either at a committee meeting or by way of a Vote Outside of a Committee Meeting (VOCM). Should there not be any scheduled committee meetings or you as an owner want your application considered before the next committee meeting then a VOCM would be required, which can be conducted for an additional administration fee payable by the lot owner. Under the BCCMA, the committee has up to 6 weeks to consider the application.
   • So now you have sent your application off to your body corporate manager who has presented it to the committee and after some time you receive an email advising your application has been successful in attaining body corporate approval. How do you go about retaining your approval?
4. Following the committee granting approval at a committee meeting or by way of a VOCM, you will receive a notice of approval from your Community Relationship Manager on the behalf of the committee. On this notice there will be a list of conditions that must be adhered to, to ensure that approval for your dog is not rescinded. These conditions will largely refer to how the dog must be handled when traversing the common property, the behaviour of the dog in relation to causing a disturbance to other residents, hygiene requirements, and any damage caused to common property by the dog. These may vary slightly among bodies corporate, however, these conditions must be adhered to.

The Body Corporate and Community Management Act does include provisions for Guide, Hearing and Assistance Dogs under section 181 of the Act. This section in short states that a person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 has a right to keep a guide, hearing, or assistance dog within their lot.