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A strata scheme's by-laws prohibit pets, but the Disability Discrimination Act requires reasonable accommodation for assistance animals. How should this conflict be resolved?

Correct Answer

B) Federal anti-discrimination law overrides strata by-laws for assistance animals

Federal anti-discrimination legislation, including the Disability Discrimination Act, takes precedence over strata by-laws when it comes to assistance animals. Strata schemes cannot enforce by-laws that would discriminate against people with disabilities who require assistance animals, regardless of general pet restrictions.

Answer Options
A
Strata by-laws take precedence as they are registered on title
B
Federal anti-discrimination law overrides strata by-laws for assistance animals
C
The owners corporation can vote to maintain the pet prohibition
D
Each case must be decided by the local council's planning department

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Related Topics & Key Terms

Key Terms:

Disability Discrimination Actassistance animalsfederal law supremacystrata by-lawsreasonable accommodation
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