On 12 October 2020, the New South Wales Court of Appeal
unanimously decided that an owners corporation could not enforce a
by-law which imposed a blanket ban on animals.
The ruling means that Angus, the now famous miniature schnauzer,
can stay in The Horizon building, but also that blanket bans on
animals are no longer permitted in any building anywhere in
NSW.
Since being handed down by the Court, the landmark decision of
Cooper v The Owners – Strata Plan No 58068 [2020]
NSWCA 250 (the Cooper Case) has had, and will
continue to have, far reaching implications on the governance of
owners corporations.
As of last week, the implications of the Cooper Case extended to
strata scheme legislation.
