Pet owner ‘ecstatic’ as tribunal overturns no-pets policy in Sydney’s Horizon apartment block

After four and a half years, a case filed by a dog owner against the complete pet ban in one of the most prestigious apartments in Sydney finally reached a favorable decision on her end.
 
As held by the New South Wales Civil and Administrative Tribunal, The Horizon, which is a 43 story apartment in Darlinghurst that houses 260 units, is ordered to lift the ban immediately. This decision could also affect neighboring apartment blocks in New South Wales that don’t allow pets inside the building.
 
According to Gregory Burton, who is the senior member of the NCAT, the bylaw that banned pets inside the apartments was “harsh, unconscionable and oppressive”. This is the reason why he enjoined the owners corporation to “promptly do all acts necessary to record the removal of bylaw 14”.
 
The court ruling has a massive impact on the 30-year-old singer, Jo Cooper, who has been with miniature schnauzer Angus for 13 years. Her furry best friend is now half-deaf, half-blind, sick, and even suffers from slipped discs in his back. Since 2015, she’s been worried that her dog would be evicted from their home.
 
“I just can’t believe we’ve won. I didn’t expect that we would win, and I’m shaking. I can still hardly believe it. This fight has taken up four-and-a-half years of my life and it’s been so incredibly stressful. It feels a bitter-sweet victory as I’ve paid such a high price for it. But I’m proud I managed to stick it out. I’m overwhelmed. I’m ecstatic. Hopefully, we’ll be free now to get on with our lives.”
 
Unfortunately, there’s still a possibility that Horizon could file a motion to appeal. Mark Broadley, who is the current chair, states that any predictions are still premature at this point.
 
“That would be a decision for the owners, not me. But, it’s very early days. We’ve only just become aware of the decision and I haven’t even read it yet. I guess it is what it is. We aren’t the first to have gone down this path. The Elan, which is a building in nearby Kings Cross, is appealing a decision against its own pet ban and it will be interesting to see how that pans out. But, it is surprising that a bylaw that’s been around since the start of the building is now considered unconscionable.”
 
The disagreement regarding the 1988 no-pet bylaw of the building began when Cooper first moved-in with her dog. She initially believed that the rule was outdated and not strictly implemented since there were already several pets who lived in the apartment.
 
Since then, she has raised several motions during meetings with the owners corporation only to lose by vote every time. The owners eventually decided to file an action to evict Angus that cost $70,000.
 
The ruling on this case follows closely on the recently overturned no-pet bylaw at The Elan by NCAT. The decision is currently being appealed by the executive committee and even warned pet-lovers that if they bring their pets inside the building, they might be euthanized if their party wins the case.
 
On behalf of NCAT, Mr. Burton mentioned in his decision that Cooper asserted that Angus was a completely vaccinated, hypoallergenic, parasite-free, highly trained, non-shedding, and desexed dog. He also added that this evidence was not countered by the opposition. He also mentioned that other sources claimed that the dog is “extremely friendly, family-oriented and good with children, does not bark and is always leashed when he leaves the apartment for walks two to three times per day”.
 
“There was further uncontradicted expert evidence that miniature schnauzers are adaptable to all environments and bred for and ideal for apartment living. Angus himself has apparently lived in strata schemes all his life without complaint about his behavior,” he said.
 
According to 55-page ruling, it was mentioned that the bylaw banning pets can be justified in those short-term holiday leases, small strata schemes, or those that have a large number of investors.
 
“Cooper says she now hopes the ruling will bring a whole new era for the award-winning building. Hopefully, other people will be able to have pets now if they want them and they won’t have to go through what I did,” she added.