How one tiny dog changed Australian property rights

Little Angus may no longer be with us, but the much-loved miniature schnauzer has left his paw prints on property rights across Australia and around the world.

What started as a simple question from Jo Cooper in 2015 about keeping her dog Angus in a Sydney high-rise escalated into a gruelling six-and-a-half-year legal battle.

It went all the way to the NSW Court of Appeal and ultimately handed Cooper and apartment owners a victory for their civil liberties.

When Cooper bought an apartment in the upmarket Horizon building in Darlinghurst, she was told of a strict bylaw: no pets allowed.

However, she claims the reality within the 43-storey building told a different story.

“Why do we have a ban on pets when the building’s full of pets?” Cooper asked 

“People had them in trolley bags, in shopping bags, backpacks. There was no secret.”

Cooper says her decision to challenge the rule set the ball rolling on a campaign of abuse at the hands of some of the residents in the building.

Then came the massive legal scrap, which began in the NSW Civil and Administrative Tribunal and eventually reached the NSW Court of Appeal.

“For me, this wasn’t a fight about pets,” Cooper said. 

“It was a fight about property rights. It was about civil liberties.”

Sharon Levy, the strata lawyer who represented Cooper, recalled just how extreme the building’s rules were. 

Because the bylaws forbade any animals whatsoever, an owner couldn’t even legally keep a goldfish in their own apartment.

Ultimately, the courts handed down a landmark ruling in Cooper’s favour.

“The bylaws were ultimately found to be harsh, oppressive, and unconscionable,” Levy said. 

“As lawyers, we are used to applying the law. It’s pretty special when we actually get to make the law.”

The ruling has had a ripple effect, determining not just how pets can live in buildings, but more broadly how a strata scheme can govern lot owners within their own homes.

The strata committee didn’t just lose the legal battle, years of litigation came at a cost which Cooper claims hit the $1 million mark.

Sadly, Angus died in 2021, though Cooper has since welcomed a new puppy, Loki, into her home, a home where he is legally allowed to be.

To document her journey and encourage others to stand their ground, Cooper has released a book titled Toppling Towers of Power.

“I wanted people to read it and feel something deeply,” she said. 

“And hopefully, hopefully, inspire them into action.”

Looking back on everything that’s transpired, would she do it all again?

“Knowing me? Probably.”