Can a body corporate ban pets?

What does quiet enjoyment mean under the Unit Titles Act?

The Unit Titles Act 2010 provides that an owner is entitled to quiet enjoyment of his or her unit without interruption from other unit owners or occupiers or the Body Corporate. In this context, quiet enjoyment does not mean less noisy, but rather the right to occupy your unit free from interference by others. 

An owner may well say: It’s my unit, why can’t I keep a pet if it’s not annoying anyone else?

Is quiet enjoyment an unlimited right?

The right to quiet enjoyment is not an unfettered right to do what you want in your unit. The Unit Titles regime involves a balancing of the rights of one owner against another. What is acceptable to one owner may be unacceptable to another. In that context, the Unit Titles Act allows owners to make rules as part of the democratic process that relate to the use of units and common areas. The majority can decide what rules owners and occupiers will live by, provided those rules are not inconsistent with the Unit Titles Act or any other enactment or rule of law.

Have New Zealand courts considered body corporate pet bans?

The New Zealand courts have determined that a rule forbidding pets is not a breach of the right to quiet enjoyment, but even if it was, a rule forbidding pets would be a minor and insubstantial infringement, which is not actionable by an owner. 

So, can a body corporate ban pets?

The answer is yes. However, just because a Body Corporate can ban pets, it doesn’t necessarily mean it should. 

Why should body corporates consider allowing pets?

There are significant benefits to pet ownership. Pets reduce loneliness by providing constant companionship. They can lower stress, anxiety, and depression by providing unconditional love and comfort. The simple act of petting an animal can increase the production of the feel-good hormone oxytocin.

How can body corporate pet rules balance owner interests?

Body Corporates may want to consider whether there are ways to balance the interests of owners who want to keep pets and those who do not rather than a blanket ban.

Rules could include:

1. Size and number of pets: A Body Corporate may impose restrictions on the number of pets allowed per unit.

2. Leash requirements: A Body Corporate may require all pets to be kept on a leash or contained in a carrier when in common areas or outside the unit. This can help ensure the safety of other residents and their pets.

3. Noise restrictions: A Body Corporate may require pet owners to take measures to control excessive noise from their pets, such as barking dogs or meowing cats. This could include training, providing toys and entertainment to pets when the owner is away, bark control devices, or seeking professional assistance to address problem behaviour.

4. Cleaning requirements: A Body Corporate should require pet owners to clean up after their pets, including picking up any pet waste immediately and keeping litter boxes clean and odour-free. This is to help ensure that the common areas of the building remain clean and hygienic.

Need advice about body corporate pet rules?

If you need advice about body corporate rules, pet restrictions, unit title disputes or related property matters, contact Dahl Calder, our body corporate specialist Partner.