Common strata by-law disputes: pets, noise, parking, smoking and short-term letting

How are strata disputes resolved in NSW?

NSW Fair Trading sets out four steps (NSW Government – Strata disputes):

1. Talk about it. The other person may not know the problem exists. Say what outcome you want.
2. Contact the owners corporation. The committee or strata manager may speak to the person, send a warning or issue a notice to comply. If your issue is with the owners corporation itself, ask for a motion at the next general meeting.
3. Mediation. Free, by phone, and available for any dispute NCAT can make an order about, including noise, parking, pets, nuisance smoke, by-laws and repairs.
4. NCAT. The Tribunal's decision is legally binding. You must attach evidence of mediation unless an exemption applies (for example, penalty applications or inspection of records) (NCAT – Strata schemes).

Pets: what changed after the Cooper case?

In October 2020 the NSW Court of Appeal decided Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250. It found that a by-law placing a blanket ban on keeping animals was oppressive, because it restricted the lawful use of a lot in a way that had no potential to affect other owners. Parliament then passed the Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 (NSW), which commenced on 24 August 2021 (NSW Parliament – Report on keeping animals in strata schemes, August 2021).

The result is section 137B of the Strata Schemes Management Act 2015 (NSW):

• A by-law, or an owners corporation decision under a by-law, has no effect to the extent it would unreasonably prohibit keeping an animal on a lot.
• Keeping an animal is taken to be reasonable unless it unreasonably interferes with another occupant's use and enjoyment of their lot or the common property.
• If the owners corporation decides unlawfully, or fails to decide within a reasonable time, permission is taken to have been given.

The regulations list what counts as unreasonable interference: persistent noise, repeatedly chasing or attacking people or animals, repeated damage, health risks from infection or infestation, persistent odour, a breached council nuisance order, or a dog that is dangerous, menacing or a restricted breed. Owners corporations also cannot charge a pet fee or bond, or require pet insurance (NSW Government – Pets in strata).

Noise

Model by-law 6 says residents and their visitors must not make noise likely to interfere with another occupant's peaceful enjoyment. Councils also set noise rules and times. NSW Fair Trading suggests finding the source, speaking to the resident, using any internal dispute process, then asking the committee or strata manager to investigate and, if a by-law is broken, issue a notice to comply (NSW Government – Noise in strata). Hard-floor installations are a common source; a minor renovation application for flooring should include an acoustic certificate.

Parking

Residents may only use their allocated spaces, visitor spaces are for visitors, and nobody may use emergency spaces. Model by-law 1 bans parking on common property without written approval or an authorised sign. The owners corporation can use signs, barriers, key cards or security guards, but it cannot issue parking fines itself; a council can, under an agreement with the scheme (NSW Government – Strata parking). A note on the windscreen is often enough for a one-off mistake.

Smoke drift

Section 153 of the Act says occupiers must not use their lot in a way that causes a nuisance or hazard to another occupier, and its note says smoke penetrating into a lot or common property may do so depending on the circumstances. Model by-law 9 also lets schemes ban smoking on common property and smoke penetration from lots. NSW Fair Trading's advice: talk to the smoker, check the by-laws, then ask the owners corporation to issue a notice to comply (NSW Government – Strata disputes).

Short-term letting

Under section 137A, a by-law made by special resolution may prohibit short-term rental accommodation in a lot that is not the host's principal place of residence. A by-law cannot stop a host letting their own principal residence. Owners corporations can also adopt an occupancy limit of two adults per bedroom by by-law (NSW Government – Short-term rental accommodation).

Where to complain depends on the issue: urgent noise and criminal behaviour to police; damage, ongoing noise, parking and use of the property to the owners corporation or strata manager; fire safety and overcrowding to council; and breaches of the mandatory code of conduct to NSW Fair Trading.

Dispute pathways at a glance

How Watchdog Strata helps

Residents can report issues with photos and video through tickets, giving the committee a dated record before it decides on a notice. Notices remind everyone of the by-laws, and the change history can be exported if a matter goes to mediation or NCAT. Watchdog Strata does not decide disputes or issue notices to comply.

General information only, not legal advice. Check the current legislation or ask a strata lawyer for your scheme.