26/11/2013

Retirement village rules or their pet policy set out whether pets are allowed or not, whether they can be replaced and any conditions for keeping a pet. So if keeping your pet taipan snake, Tallulah, is important to you, inquire before you move in.

The Laws Governing Pets in Retirement Villages

All States have enacted a Retirement Villages Act (RVA) to govern retirement villages. The RVA for NSW and ACT says that the subject matter of village rules relating to the use, enjoyment, control and management of a retirement village may include rules for "the keeping of pets".  

Tasmania’s RVA puts it the most simply by providing a checklist of questions to assist people make an informed decision about moving into a village, and lists the question "are pets permitted?" in its schedule.

This law in QLD, VIC, SA, WA and NT make no mention of laws for keeping pets in retirement villages.

The Range of Pet Policies

While some villages may not allow pets under any circumstances, many fall into the category of allowing some pets depending on the characteristics of the pet with reference to its size, temperament, breed and audibility. For example, village rules may allow small dogs or pets such as fish or small caged birds within the unit, but specify that residents may not keep a cat on a permanent or temporary basis, or encourage any cat to come to the unit or the village.

Some village rules may permit pets generally but require that residents seek prior written consent from the village operators before bringing their pet with them. Typically, the operators will consider each case on its merits, having regard to the physical characteristics of the village, such as whether it is large and open, the homes are well spaced, and whether the pet is small, quiet, friendly and clean.

Where pets are allowed, the village rules will typically specify that pet owners are responsible for their pets. This includes ensuring that the pet does not cause any nuisance to other residents and that pet owners clean up any waste left by their pet outside the unit. Importantly, pet owners are generally responsible for any damage or injury suffered to the unit, the village or to any other person in the village as a result of keeping their pet.

Some rules may also specify that pets kept within the village must be de-sexed, and that pets can only be removed from the resident's unit if the pet is suitably restrained.

Replacement Pets

While village operators may allow people to bring their current pet with them when they move in, they may not allow replacement pets should the current pet pass away or otherwise leave the village permanently.

Applying the rules

Village rules for keeping pets apply regardless of the type of contract the village offers, namely, whether it is a strata or company title, a community scheme, or a leasehold, loan or licence arrangement.

We also point out that rules regarding pets in a retirement village may be difficult to change once a person has moved in.

So if you don't think you can live without your pet taipan snake, Tallulah, it might be best to ask before committing yourself.

For more information on this article, or any of our other articles, please call Townsends Business & Corporate Lawyers on (02) 8296 6222.