Pets Are Now Allowed In Every New South Wales Apartment After Big Court Decision
It can be difficult finding an apartment in New South Wales that will allow you to bring your fur baby along with you.
The rules mean you either have to find somewhere new or (god forbid) hand over your pet to a relevant authority. But those laws have just been overhauled in the NSW Court of Appeal.
Sydney resident Jo Cooper has been fighting a more than four year battle to keep her miniature schnauzer Angus in her building in Darlinghurst.
Her building wasn't fond of dogs and banned them and other animals from being allowed to stay. However, after a massive fight over the rules, the NSW Court of Appeal has sided with Ms Cooper and she will be allowed to let Angus stay.
According to Domain, the ruling will also apply to every apartment building across the state, with building owners now unable to apply a 'blanket ban' on animals.
The three judges on the Court of Appeal agreed that a blanket ban on animals in apartments infringed on the limitation that a building bylaw must not be 'harsh, unconscionable or oppressive'.
The ban on animals was deemed too restrictive because it didn't have 'a rational connection with the enjoyment of other lots and the common property'.
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When the ruling was handed down, Ms Cooper burst into tears and a supporter of hers, Claire Hooper, said: "She's delighted but is totally unable to speak.
"It's such a fantastic outcome for her, and for everyone, and it's such a weight off her shoulders. She hasn't yet stopped sobbing. It's wonderful for people who want to keep a pet, and such a great boost for their mental health."
Another legal battle is going on between a 73-year-old apartment owner in the nearby Elan apartment tower in Sydney's Kings Cross.
The Court of Appeal ruling will help resident Bob Roden, who has applied to have a dog in the future, however has been met with opposition from the apartment tower owners Elan. He hopes Elan will drop the case, otherwise he'll take them to the Court of Appeal.
"We're all pretty delighted by this verdict. It's really a poke in the eye to those who want to deny people their rights to keep an animal in their apartment," Bob told Domain.
"The judgment shows that they don't have the right to interfere with what people want to do in their own apartments as long as they don't affect others. I think everyone in the buildings that previously banned animals will now discover that the world won't end, and that no one will be greatly inconvenienced by some of us owning animals."
The only way for the ruling from the Court of Appeal to be overturned is if the matter gets escalated to the High Court of Australia in Canberra.
Featured Image Credit: PA