When I kicked off a debate about a right to have companion animals in body corporates and rental properties I wasn’t actually aware that Andrew Barr had already fired the starters’ gun on the issue and had introduced the Unit Titles Amendment Bill 2008 which, amongst other things, addresses part of this issue.
With debate on the Bill today the RSPCA has announced how pleased they are.
Of particular interest is this bit:
- Clause 12 – New sections 51A to 51C – creates sections 51A, 51B and 51C.
Section 51A Animals – owners corporation’s consent the provision provides that an owners corporation must not unreasonably withhold consent for the keeping of an animal by the unit owner or occupier. An owners corporation can impose conditions on the consent.
The provision was previously provided for in the default articles in the Unit Titles regulations however the provisions have been moved into the Act to ensure the rights of a unit owner, to keep animals or allow animals to be kept in a unit, are protected. The Unit Titles regulation provided that an owners corporation could amend its articles to preclude any right of any unit owner to keep an animal.
The unit owner can apply to the ACAT if a dispute arises about the keeping of an animal.
Which just leaves a right to reasonable pet ownership in rental properties. 37% of our poll respondents reckon it’s a vote clincher for whoever runs on it (and another 25% consider it important but not decisive).
Our opponents are sad, old, will never change their vote, and will die soon. So who do you really want to be lining up with?