Apartment complex cannot ban pets over 10 kilograms

A Gold Coast apartment complex has been ordered to remove “unreasonable” by-laws that would have banned a dog from living in a unit.

A UNIT complex has been ordered to ditch a barking-mad rule that banned residents from having dogs over 10kg or both a dog and a cat.

In a paw-some ruling for pet owners, the Trilogy complex on the Gold Coast has been ordered to remove “oppressive’’ by-laws that would have banned a dog from living in an apartment — because it weighed more than 10 kilograms.

The Trilogy apartment complex by-laws also prevented Moneelta Sharma and Ben Mulder from having their 13kg kelpie cross dog, Emily, as well as their cat, Cairo, in their apartment.

They also were told all pets had to be carried across common property inside the building.

Ms Sharma and Mr Mulder appealed to Queensland Body Corporate and Community Management Commissioner, arguing the by-laws were oppressive and unreasonable.

Emily the kelpie cross weighed more than the limit allowed the by the complex. Picture: Instagram

The couple, who recently bought their Surfers Paradise apartment, had told the body corporate committee that Emily and Cairo would always remain in their apartment.

Their dog would be walked out of the building and their cat carried in a cage, via the hallway, lift and basement.

Neither animal would ever enter the Trilogy main foyer or common area around the pool and Emily would only enter an occupied lift, on a short lead, with one of its owners.

The body corporate committee had given approval for Cairo to live in the apartment, but was bound by its by-laws to refuse permission for a second pet or one weighing over 10kg.

An adjudicator said there had been previous cases where prohibitions on pets weighing over 10kg and on the keeping more than one pet were found to be oppressive and unreasonable.

Emily will be allowed to continue living in the apartment.

There was no evidence that all pets weighing over 10kg were unsuited to living in apartments.

The body corporate committee admitted it previously had allowed animals that weighed over 10kg to live in the complex, because the animals were small.

A disabled owner had been allowed to transport her dog across common property in a stroller.

On June 5, the body corporate was ordered to remove invalid by-laws barring pets weighing more than 10kg and pets having to be carried across common property, within two weeks.

The adjudicator also ordered the by-law saying apartment owners could keep “one cat or one dog or one bird’’ to be replaced with “cats, dogs or birds’’.

“It will no longer be required to reject suitable pets because they weigh 11 kilograms,’’ the adjudicator said.

Trilogy’s by-laws were found to be invalid.

Nor could the body corporate insist that a disabled owner carry a pet or require an owner to carry a heavy animal, rather than using a pet carrier on wheels or keeping it on a leash.

Within a month the body corporate had to reconsider the application to keep Emily in the apartment.

Originally published as Apartment complex cannot ban pets over 10 kilograms