In Victoria an owners corporation may not prohibit an occupier, whether owner or tenant from bringing to and keeping an animal in a lot. A landlord may not prohibit a tenant from having an animal in a property subject to a residential tenancies lease.

There is provision in the Model Rules, which apply to all owners corporations, that if an animal is deemed to be a nuisance the owners corporation may serve notice on the owner of the animal that is a nuisance and must be removed. A nuisance will typically be:

  • unreasonable noise such as howling or barking which can be heard on common property or in other lots
  • an unrestrained animal, typically a dog, which threatens or bites persons on common property
  • an animal which defecates on common property and the owner does not clean up after it

Owners Corporation may make rules regarding the conduct of animals on common property although these may not be a prohibition.  An example of a rule would be the owner is required to carry the animal across common property.

Owners in residential properties in particular should be careful in the choice of a pet to ensure that it will not be a nuisance and subject to removal.