In a landmark decision published by the Court of Appeal in the Supreme Court of New South Wales today, it is finally settled that a by-law creating a blanket ban on pets in a strata scheme is invalid on the basis that such a by-law is oppressive. The decision in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 (Cooper) can be read here.
The Court’s decision that a by-law totally prohibiting pets in a strata scheme is invalid was premised on the following points of law:
- Owners in a strata scheme are the holders of a freehold estate. This means that each lot owner also holds a bundle of property rights relating to their lot.
- Keeping a pet within a lot is a property right that cannot be constrained by a by-law passed by an owners’ corporation, even if the by-law has been passed unanimously.
- A blanket ban on pets (through a by-law) prevents a lot owner from exercising their own property rights and brings no material benefit to other lot owners.
- A by-law that prohibits owners from keeping a pet within their own lot is oppressive and invalid.
It is essential that all owners’ corporations review their by-laws following the decision in Cooper.
The information contained in this post is current at the date of editing – 13 October 2025.
