Review of Schedule 2 By Laws for old scheme

I thought about it too late to do a lot of good, but I wonder if strata schemes could be persuaded to include another option (or two) for their owners to consider for the KEEPING PETS by-law.

If you have no cats yet in the building it might be easily do-able, but either way, if you care about wildlife and the environment, I hope you’ll consider banning or confining cats within the four walls of a lot, a worthwhile battle. 

Here’s some ammunition, but there’s plenty more like it on the internet.

Cats are efficient killers and well-fed domestic cats do it merely for the thrill of it.
Click on SHOW TRANSCRIPT of this Robin Williams broadcast to give you an idea of the problem.

If cat owners claim their cat is not part of the problem, show them this video of a GPS tracker on a cat just like their own.
Where does your cat roam after dark? Check this out.

I am no lawyer, but adding something like this to the options already on the Model By-laws  might at least start the conversation. Options A and B exist, with Option A the default by-law for schemes who don’t submit their own variation or choose Option B.

I’d be grateful for any help with the wording for my Options C and D

Option C

(1) An owner or occupier of a lot may keep a reasonable animal (bar cats) on the lot or the common property with the written approval of the owners corporation.

(a) In this by-law, cats are not included or permitted. An owner or
occupier must not keep a cat in their lot or on common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal (bar cats) on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

Option D

(1) An owner or occupier of a lot may keep an animal on the lot (bar cats) or the common property with the written approval of the owners corporation.

(a) In this by-law, cats are not included or permitted. An owner or
occupier must not keep a cat in their lot or on common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal (bar cats) on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

@Lady Penelope said:
Mr Wong –  By-laws must not be unreasonable.

If an apartment owner wants to keep their cat indoors 24/7 then there is absolutely no danger to wildlife. You are making an assumption that all cat owners are irresponsible.

Cats are one of the types of animals most suitable for keeping indoors in an apartment. To ban an owner from keeping a cat just because some owners permit their cats to roam is far too stringent in my opinion, and is therefore unreasonable. 

Should all dogs be banned because some irresponsible dog owners permit their dogs to urinate and defecate on common property? 

Pets are generally not permitted on common property. That includes cats and dogs. A breach notice can be issued to a pet’s owner if any pet is seen on common property.   

Thanks for pointing out my oversight Lady Penelope. Not all cat-owners are irresponsible, but there are those who are in denial and think it cruel to confine a cat to barracks. I agree about pets being wonderful companions and would never wish to deny people that pleasure. I had meant to ofter options, but erroneously repeated the same wording in both options. Option D was to allow cats but that they be kept within the four walls of the unit. Don’t know where that version got to, but if you can rephrase it for me, I’d be grateful. Perhaps just take out Option D altogether and let A, B and C stand and trust that people will begin to take this by-law more seriously. 

It is generally accepted that cats can take care of themselves outdoors, so cats often wander anonymously after dark; dogs not so much.

Just occurred to me that you may not be familiar with Options A and B or did not follow my link. They give the OC the options to keep whatever may legally be kept as a pet. 🙂

Option A

(1) An owner or occupier of a lot may keep an animal on the lot, if the owner or occupier gives the owners corporation written notice that it is being kept on the lot.

(2) The notice must be given not later than 14 days after the animal commences to be kept on the lot.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or
the common property that are soiled by the animal.

Option B

(1) An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

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