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AAP
AAP
Politics
Luke Costin

'Relief' after schnauzer Angus' court win

Jo Cooper hopes to now change the law governing strata management in NSW to allow pet ownership. (AAP)

The dog owner who won a five-year battle to keep miniature schnauzer Angus in an inner Sydney apartment says she hopes the decision sends a strong message to "just let people live".

Jo Cooper says she's been flooded with supportive messages since NSW's highest civil court on Monday ruled the "no pets" by-law in her unit complex was "oppressive".

"One person said 'I can have my cat, I don't have to hide it'," Ms Cooper told AAP on Wednesday.

"I hope this decision sends a strong message to just let people live and as long as we're respectful, it should be okay.

"I don't think pets should be treated any different to disrespectful neighbours, noisy kids (and the like)."

The Court of Appeal decision marked the end of a journey she embarked on shortly after moving into Darlinghurst apartment complex The Horizon in July 2015.

Ms Cooper said the win was "really refreshing" after being abused and subjected to racist slurs during the process.

"For someone who started to lose faith in justice, it was just relief," she said.

But the victory allowing 14-year-old Angus to continue living in his home went unnoticed on the highly trained, hypoallergenic, non-shedding and extremely friendly miniature schnauzer.

"I was hyperventilating, ugly crying, saying 'You're legal, baby'," Ms Cooper said.

"Fortunately, he didn't know any difference."

Angus had been snuck in and out of the complex in a bag until August 2018 when he had a back operation.

Shortly thereafter, Ms Cooper flagged Angus was living in her unit and invited the owners' corporation to discuss any reasonable concerns about the dog being there or being taken through common property.

But in November she was ordered to remove him from the property.

Having had three unsuccessful attempts since 2015 to overturn the "no pets" rule, Ms Cooper took the matter to the NSW Civil and Administrative Tribunal, winning initially before Angus was again banned on appeal.

The owners' corporation pointed to the three votes to retain the by-law and also argued the blanket "no pets" by-law reduced costs and the need for a "pets court".

Hearing the appeal on an earlier tribunal decision, Justices Robert McFarlen, John Basten and Des Fagan ruled The Horizon's blanket ban on pets was invalid due to a law stating strata rules couldn't be "harsh, unconscionable or oppressive".

Justice Fagan said the prohibition provided no material benefit to other building tenants in their use or enjoyment of their own lots or of the common property.

"In an apartment building such as (The Horizon), an animal could be kept within a lot without creating the least interference with other lot owners," he said.

"The by-law is oppressive because it prohibits the keeping of animals across the board, without qualification or exception for animals that would create no hazard, nuisance or material annoyance to others."

Justices McFarlen and Basten said there was no basis to conclude a different by-law requiring pets to be approved would result in "a flood of applications" to the strata managers.

Ms Cooper now hopes to change the law governing strata management and is seeking 20,000 signatures to an online petition on the NSW parliamentary website.

"Just because you live in strata, doesn't mean it's not your home," she said.

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