POODLE PARADISE
TWO unassuming fluffy dogs on the Gold Coast could set a sweeping legal precedent to prevent blanket bans of pets from apartment blocks.
Miami man Chris Green has been fighting to bring his lhoodle Maverick and cavoodle Cody into his unit at North Burleigh Place for weeks.
This week the battle reached the state’s body corporate dispute resolution committee which found blanket bans on pets were “invalid” and not enforceable by law.
The adjudicator gave Mr Green interim permission to live with his two pups but the Queensland Body Corporate and Community Management Commissioner will make a final decision in coming months.
“I tried to do the right thing and lodge a pet application but the body corporate dismissed it without giving me a reason,” he said.
“They are just two little dogs and I don’t feel that they would impose upon any of the residents. It is frustrating but I’m glad the most recent decision was in our favour.”
Mr Green said he has gone to great lengths to ensure his neighbours aren’t disturbed by his pets – installing an electric anti-bark system to train them.
The Bulletin attempted to call North Burleigh Place body corporate.
The BCCMC said similar recent court decisions found animal prohibitions infringed on a person’s rights.
“There has been much debate in recent years over the validity of bylaws that purport to prohibit all animals in a lot or on common property, or to prohibit certain classes of animals,” the adjudicator said.
The judgment said there were “numerous decisions by the Queensland Civil and Administrative Tribunal” that had found a blanket pet ban infringed unit owners’ rights.
“It is now accepted law that a body corporate does not have the authority under the Act to pass a bylaw that prohibits an ordinary domestic activity such as keeping a pet,” it said. “There is the question of whether a bylaw prohibiting pets is oppressive.”
The BCCMC said there was a “genuine question of whether the body corporate has failed to act reasonably in this regard”.