Most Entry documents for retirement villages, manufactured home parks and lifestyle resorts (“villages”) will have clauses dealing with visitors and pets.
Some people love pets, others tolerate them, others despise them (the same can be said about visitors).
The usual rule in the entry documents for villages is that:
- pets may be permitted at the discretion of the village;
- visitors can only stay at the home while the homeowner is there.
Recently, Queensland Civil and Administrative Tribunal (QCAT) was asked to decide whether a park owner’s refusal for relatives to stay at a couple’s home to look after the dogs while they went on a holiday was ‘reasonable’.
QCAT found that the refusal (in this particular case) was unreasonable and ordered the park owner to permit the couple’s relatives to ‘house-sit’ and look after the pets for up to 21 days while the couple went on holidays.
The couple got the outcome they were hoping for (and avoided the cost of putting the dogs in a kennel). The dogs were probably happy, too.
It is important to note, this case turned on its facts. Consent (if required) is not guaranteed and can usually be ‘reasonably’ refused or revoked. If you believe consent has been unreasonably withheld, it may be worth obtaining professional advice.