Landmark judgment a huge win for apartment owners with pets

Around 5.7 million of Australia’s 9.2 million households have a pet.

And recently the highest court in New South Wales has delivered a landmark decision that has struck down an attempt from one of Sydney’s most famous apartment buildings to ban animals.

A blanket ban on pets in a lavish inner-Sydney apartment block has been overturned by the NSW Court of Appeal, could have wider impacts for anyone living in an apartment in the state.

Describing the ban as “harsh, unconscionable and oppressive”, the court delivered its decision which follows a lengthy legal battle involving the Horizon apartment tower in Darlinghurst, Johanna Cooper and her 13-year-old miniature schnauzer.

Bartier Perry partner Sharon Levy says a unanimous decision from three Court of Appeal judges on The Horizon’s attempt to ban animals from the building was a breach of legislation.

“This decision effectively changes the way owners corporations can govern their strata schemes,” said Ms Levy, whose firm represented Jo Cooper, the owner of a 13 year old miniature schnauzer named Angus.

Ms Levy said the decision of Angus’ owner Ms Cooper to fight a lengthy legal battle to keep Angus in her apartment had not only been vindicated but was also set to impact thousands of apartment owners across the State.

“This ruling may have far wider ramifications as to the by-laws owners corporations can impose on apartment owners.

Every dog has its day but Angus’ win could mean some significant changes and legal challenges to by-laws for years to come,” said Ms Levy.

Ms Cooper said she was overwhelmed by the court decision after a five year legal battle to keep Angus in her apartment.

“The emotional toll from pursuing this case has been incredibly hard. Yet throughout the last five years I’ve also lost count of the number of pet and apartment owners who have reached out and supported our stance.

Today is a win for Angus but it’s also a decision that will hopefully ensure owners corporations take a more balanced approach to the governing of apartment owners,” said Ms Cooper.

About Leanne Jopson Leanne is National Director of Property Management at Metropole and a Property Professional in every sense of the word. With 20 years' experience in real estate, Leanne brings a wealth of knowledge and experience to maximise returns and minimise stress for their clients.