Can my strata ban my pet? Cooper, the SSMA, and how to challenge a no-pets by-law
Short answer: no, a NSW strata scheme generally cannot impose a blanket no-pets ban any more. A landmark Court of Appeal decision — Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 — struck one down, and the law was then changed to codify the principle. An owners corporation can restrict keeping an animal only where it would unreasonably interfere with other residents.
This page explains the Cooper case, the rule now written into the Strata Schemes Management Act 2015 (NSW) ("SSMA") at s137B, the regulation that defines "unreasonable interference", the ban on pet bonds and fees, and exactly how to ask your owners corporation — and how to apply to NCAT if they say no.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
For years many NSW strata schemes ran blanket "no pets" by-laws. That changed with Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250. The Coopers fought for years to keep their miniature schnauzer, Angus, in the Horizon building in Darlinghurst, which had a by-law (by-law 14.1) prohibiting animals altogether. The Court of Appeal held the by-law was oppressive under the relevant provision of the SSMA (then s139, the predecessor to the current s150). In the Court's words, the by-law prohibited keeping animals "across the board, without qualification or exception for animals that would create no hazard, nuisance, or material annoyance to others", and so interfered with lot owners' use of their property in a way unjustified by any legitimate concern of others in the building.
Parliament then codified the principle. From 24 August 2021, section 137B of the SSMA provides that a by-law (or a decision of the owners corporation) has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot. The section makes clear it is reasonable to keep an animal unless keeping it unreasonably interferes with another occupant's use and enjoyment of their lot or the common property.
What counts as "unreasonable interference" isn't left at large. The Act allows for it to be spelled out in the regulations, and clause 36A of the Strata Schemes Management Regulation 2016 lists circumstances — broadly, an animal that makes persistent noise unreasonably interfering with peace and comfort, repeatedly runs at or chases people or other animals, attacks or menaces a person or animal, or repeatedly causes damage to common property or another lot. (Verify the current wording of clause 36A, which can be amended.)
Separately, schemes can no longer make you pay for the privilege. Since 11 December 2023, section 105A of the SSMA prohibits an owners corporation from requiring an owner or occupier to pay a bond or fee relating to keeping an animal, or to obtain insurance for an animal.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 24 Aug 2021Section 137B commenced — by-laws cannot unreasonably prohibit keeping an animalSSMA s137B
- 11 Dec 2023Section 105A commenced — no pet bonds, fees or required insuranceSSMA s105A
- Before NCATAttempt NSW Fair Trading mediation — usually required for strata applicationsSSMA s226-s227
- 12 monthsAfter a by-law is made or amended — to apply to invalidate it under s150SSMA s150
- 28 daysInternal appeal window to the NCAT Appeal Panel for most strata ordersNCAT Act / Guideline 1
The process, step by step
- 1
Check what your by-laws actually say
Get the registered consolidated by-laws from the strata manager or NSW Land Registry Services and read the animal by-law carefully. There's a real difference between a blanket ban ("no animals may be kept"), a consent by-law ("an animal may be kept with the written approval of the owners corporation"), and an approval-with-conditions by-law. The blanket ban is the most vulnerable after Cooper; even a consent by-law cannot be used to refuse unreasonably, because s137B overrides it to that extent.
Whatever the by-law says, s137B operates on top of it: a by-law has no force to the extent it would unreasonably prohibit keeping an animal.
- 2
Ask the owners corporation properly
Put a written request to the strata committee or strata manager. Identify your animal (breed, size, temperament, desexed, registered), and address head-on why keeping it will not unreasonably interfere with other residents — reference the clause 36A factors (noise, menacing behaviour, damage) and explain how you'll manage each. Offer reasonable, lawful conditions you're willing to accept (e.g. the animal kept on a lead in common areas, waste cleaned up promptly).
Remember the OC cannot demand a pet bond, fee, or insurance as a condition (s105A). If they ask, point them to the section.
- 3
If they refuse, get the refusal in writing
A refusal must be reasonable. If the owners corporation refuses, or imposes unreasonable conditions, ask for the reasons in writing. A refusal that just says "the by-law bans pets" — with no consideration of whether your animal would actually interfere with anyone — is exactly the kind of decision s137B and Cooper are aimed at.
Keep every email. The reasonableness of the OC's decision is the battleground, and its own words are your best evidence.
- 4
Attempt Fair Trading mediation
For most strata disputes you must attempt mediation through NSW Fair Trading before NCAT will accept the application (SSMA s226-s227). It's free. Many pet disputes resolve here once the committee understands the law has changed. If it doesn't settle, Fair Trading issues an outcome certificate that lets you proceed.
- 5
Apply to NCAT
Lodge a strata application via NCAT Online. There are two main routes, and they're not mutually exclusive:
- Invalidate the by-law (s150) — ask NCAT to declare a blanket or unreasonable animal by-law harsh, unconscionable or oppressive and order it amended or repealed (this is the path Cooper took). Note the 12-month window from when the by-law was made or amended.
- Orders under s232 — ask NCAT to make orders resolving the dispute about the OC's exercise of its functions, including an order that you may keep the animal (with or without conditions), given s137B.
Be specific in "orders sought" — name the by-law, the animal, and the conditions you propose. Attach the by-laws, your request, the OC's refusal, and the mediation outcome.
- 6
Hearing and orders
At the hearing, lead with the by-law text, then s137B and clause 36A, then the facts showing your animal won't unreasonably interfere with anyone. If the OC relies on a blanket ban, Cooper is directly on point. The Tribunal can order that the by-law be invalidated or amended, or make orders allowing you to keep the animal subject to reasonable conditions.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
The registered consolidated by-laws
The exact wording of the animal by-law decides which route you take. Pull the registered version, not a draft.
Your written request to keep the animal
Shows you engaged reasonably and addressed the clause 36A interference factors up front.
The owners corporation's refusal and its reasons
A refusal that ignores whether your specific animal would interfere is strong evidence of unreasonableness.
Details and history of your animal
Breed, size, age, desexing and council registration, temperament, any obedience training — anything showing it won't cause noise, damage or menace.
References from neighbours or your vet
Statements that the animal is quiet and well-behaved counter the OC's hypothetical concerns with real evidence.
The Fair Trading mediation outcome
Required for most strata applications under s226-s227 before NCAT will accept the matter.
A note of any pet bond or fee the OC demanded
Section 105A prohibits bonds, fees and required insurance — evidence the OC asked for one supports your case and may itself be challengeable.
Common reasons people lose
Picking a fight over a reasonable condition
s137B stops unreasonable prohibitions, not all conditions. An OC can attach reasonable conditions (lead in common areas, cleaning up waste). Resisting genuinely reasonable conditions undercuts your case.
An animal that actually does interfere
If your dog barks persistently, has menaced residents, or damages common property, you fall within the clause 36A interference circumstances and the OC's refusal may be reasonable.
Skipping Fair Trading mediation
Most strata applications need an attempted mediation outcome under s226-s227. Filing without it usually means the Registrar refuses to accept the application.
Naming the wrong respondent
The respondent is the owners corporation — 'The Owners — Strata Plan No. XXXXX' — not the strata manager or committee.
Relying on Cooper without the section numbers
Cooper is the headline, but Members work through s137B, clause 36A and s150/s232. Match your submissions to the provisions, not just the case name.
Missing the 12-month window for a s150 challenge
If you're attacking the validity of the by-law itself under s150, there's a 12-month window from when it was made or amended. Outside it, lean on s137B and s232.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Declaration that a no-pets by-law is invalid (s150)
Order that a blanket or unreasonable animal by-law is harsh, unconscionable or oppressive, and that it be amended or repealed — the Cooper outcome.
Order that you may keep the animal (s232)
Order resolving the dispute by permitting the animal to be kept, recognising s137B, with or without conditions.
Order setting reasonable conditions
Where keeping the animal is allowed but the scheme has a legitimate interest — e.g. lead in common areas, prompt removal of waste, registration.
Order that an unlawful pet bond or fee not be charged
Reflecting s105A — the OC cannot require a bond, fee, or insurance relating to keeping an animal.
Order amending an animal by-law to comply with s137B
Replacing a blanket ban with a by-law that permits animals subject only to the reasonable-interference test.
Free help
- Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250
The Court of Appeal judgment striking down the blanket no-pets by-law.
- SSMA s137B — Keeping of animals
The section that codifies the rule against unreasonable prohibition.
- NSW Fair Trading — strata mediation
Free mediation — required for most strata cases before NCAT.
- NCAT — strata and community schemes
Forms, fees and procedural directions for strata applications.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Owners Corporation Network
Independent peak body for strata owners — guidance and templates.
Questions self-reps ask
Can my strata scheme just ban all pets?
No, not with a blanket ban. In Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 the Court of Appeal held a blanket no-pets by-law oppressive. Section 137B of the SSMA, in force from 24 August 2021, provides that a by-law has no force to the extent it would unreasonably prohibit keeping an animal.
A scheme can restrict an animal only where keeping it would unreasonably interfere with other residents — and can attach reasonable conditions, but not a flat prohibition.
What was the Cooper case about?
Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 concerned the Horizon building in Darlinghurst, which had a by-law banning all animals. The Coopers wanted to keep their miniature schnauzer, Angus.
The Court of Appeal held the blanket by-law was oppressive because it prohibited animals across the board without exception for animals that would cause no hazard, nuisance or material annoyance to others. It effectively ended blanket no-pets by-laws in NSW.
What counts as 'unreasonable interference'?
The Strata Schemes Management Regulation 2016, at clause 36A, sets out the circumstances. Broadly, an animal unreasonably interferes where it:
- makes persistent noise that unreasonably interferes with another occupant's peace, comfort or convenience;
- repeatedly runs at or chases a person or another animal;
- attacks or otherwise menaces a person or animal;
- repeatedly causes damage to common property or another lot.
Verify the current wording of clause 36A, as the regulation can be amended.
Can the owners corporation charge me a pet bond or fee?
No. Section 105A of the SSMA, in force from 11 December 2023, prohibits an owners corporation from requiring an owner or occupier to pay a bond or fee relating to keeping an animal, or to obtain insurance for the animal.
If your scheme demands a pet bond or "administration fee" as a condition of approval, point them to s105A — it isn't payable.
Can the OC still impose conditions on my pet?
Yes — reasonable conditions are allowed. Section 137B stops unreasonable prohibitions, not all regulation. An owners corporation can require, for example, that a dog be kept on a lead in common areas, that waste be cleaned up promptly, or that the animal be registered.
What it cannot do is refuse outright where the animal would not unreasonably interfere with anyone, or charge a bond or fee (s105A).
Do I have to do mediation before going to NCAT about my pet?
For most strata disputes, yes. Under sections 226 and 227 of the SSMA you generally have to attempt NSW Fair Trading mediation before NCAT will accept the application. It's free.
Many pet disputes settle at mediation once the committee understands the law has changed. If it fails, Fair Trading issues an outcome certificate that lets you lodge at NCAT. See our guide on the strata mediation requirement.
Which NCAT order should I ask for — s150 or s232?
It depends on what you want. Use s150 to invalidate or amend an unreasonable or blanket animal by-law (there's a 12-month window from when the by-law was made or amended). Use s232 to ask for orders resolving the dispute, including an order that you may keep the animal subject to reasonable conditions.
You can plead both. And s137B operates regardless — it overrides any by-law to the extent it unreasonably prohibits keeping an animal.
Related guides
- Challenging or enforcing a strata by-lawHow to challenge an unreasonable by-law (s150) or enforce one (s232).
- NCAT strata disputes — the full guideBy-laws, levies, repairs, pets and the orders NCAT can make.
- Strata mediation comes firstWhy most strata matters need a Fair Trading mediation attempt before NCAT.
- What to expect at an NCAT hearingWhat happens on the day if your pet dispute is listed for hearing.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.