Pets now allowed in Sydney apartments as a strata rule banning them is lifted in the court of appeal after one woman's five year fight to keep her miniature schnauzer in her unit
Pet owners in all New South Wales apartment buildings are now allowed to keep their animals in their homes following a musician's landmark legal battle.
Jo Cooper won a ruling in the NSW Court of Appeal that overturned the right of unit blocks to create bylaws to prohibit animals on Monday.
The legal fight, which has cost Ms Cooper around $250,000 over five years, was driven by her yearning to keep her miniature schnauzer named Angus in the Horizon apartment complex in Darlinghurst, which had a strata pet ban in place.
The unanimous verdict from three judges means no building in NSW can impose a blanket ban on pets.
Jo Cooper (pictured with miniature schnauzer Angus and husband Leo) won a ruling preventing unit blocks creating bylaws to prohibit pets in NSW Court of Appeal
Ms Cooper took to Instagram to reflect on her campaign.
'Five years and two-and-a-half months, having every sort of abuse thrown at me, being verbally and physically abused, betrayed by my local MP. NCAT success followed by NCAT appeal overturn and severe cost orders against me,' she wrote.
'My character dragged through the mud and defamed on pure lies. Politicians sitting on the fence, an E-petition with 12,561 signatures, successfully organising an amendment in the upper house only to have a political campaign against it. Losing faith in what is fair and ethical.
'Twenty two years of the Horizon encouraging people to breach a bylaw because it's easier to control, encourage preferential treatment of certain people to have pets and then litigate against me for asking to change the bylaw and saying enough of the duplicity.
'To launch a hate campaign against me instead of demonstrating some emotional intelligence and compassion.
'I am beyond thrilled that the Court of Appeal today found that a blanket ban on pets is harsh, unconscionable and oppressive.
Ms Cooper's fight was to keep her miniature schnauzer Angus (pictured together and with Ms Cooper's husband Leo) in the Horizon apartment complex in Darlinghurst in Sydney
'To all the beloved pets of NSW, you are safe, loved and have many homes now. Today justice, fairness, equity and humanity won.
'Thank you to everyone who stood by me, this has been the longest road and I will need a minute to let it sink in.'
Ms Cooper believes having pets are incredibly helpful for a person's mental health and wellbeing and are an antidote to loneliness, anxiety and depression.
She has set up a GoFundMe to help pay her legal costs, which has raised more than $27,000.
The court ruled the Horizon complex would be responsible for the cost of the hearings, amounting to about $500,000.
They have the opportunity to appeal the decision in the High Court of Australia in Canberra.
'I had hoped for it go to one way, but it's gone the other way, and it's far too early yet to say what we'll do next,' Horizon chair Marilyn Robertson told Domain.
The decision means no building in NSW can impose a blanket ban on animals. Horizon have the opportunity to appeal the decision in the High Court of Australia
Horizon is not the only apartment building caught up in a pet ban battle, with the Elan complex in Kings Cross pursuing costs against Bob Roden, who applied to NCAT to be able to have a dog in his unit.
Like Ms Cooper, the 73-year-old's case was overturned by an NCAT appeal panel, which has now been reinstated following the decision on Monday.
Mr Roden was due to pay $30,000 in costs for the Elan complex, which is now unlikely, while the Elan strata committee will meet to plan their next move.
'The judgment shows that they don't have the right to interfere with what people want to do in their own apartments as long as they don't affect others. I think everyone in the buildings that previously banned animals will now discover that the world won't end, and that no one will be greatly inconvenienced by some of us owning animals,' Mr Roden said.
Barrister Richard Gration said the effects of the decision will be broad and make it tough for people with fears and allergies of animals.
'This does put limits on the extent that owners can democratically create rules for their own buildings, and bylaws now can't be used for anything people do in their own lot that doesn't affect others,' he said.
Ms Cooper believes having a pet (her dog Angus pictured) is helpful for a person's mental health and wellbeing