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Hi there – hoping for a bit of advice.
I am a renter who has just moved into a new apartment (NSW) about 2 weeks ago along with my 12 year old, very small shih tzu. When I moved in, the previous tenants had lived there for a long time with a dog, so the real estate agent ensured me dogs were no issue. I signed a lease which expressly allowed the dog and the real estate agent indicated he would ensure proper approval was obtained from the Owner’s Corporation, but this was just a formality as there had been lots of dogs in the building.
This morning I bumped into a woman in the lobby who let me know that there was an OC meeting during the week and they had decided to ban all dogs from the building. She said she had voted to allow small dogs (like mine) but everyone else had said no. I asked whether there had been any issues with my dog, as he is very small, docile and I keep him on a leash etc when entering and leaving the building for walks. The woman stated that one person had said he whimpers during the day, which is upsetting. I responded that I imagine the dog is just getting used to his surroundings (as he is very used to being at home during the day) but if this continues, I would definitely look into doggy day care, as I do not want him to be upset or to cause a problem. The woman advised this seemed to be the only issue, and all other grievances brought up related to other dogs that had previously been in the building (i.e. an aggressive German Shepard and another dog that defecated on the balcony). Apparently, a vote was taken and everyone except this woman voted to ban dogs.
I have now been told to expect a letter shortly telling me to get rid of my dog – can they do this? It seems incredibly harsh given I have just moved in and there are no issues with my dog specifically that i am aware of (and if there are, I would be more than happy to remedy them).
Grateful for any advice!
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My advice to you is even if you receive a letter from the OC do not get rid of your dog. Do absolutely nothing!
The By-laws, even if they were to be changed at the upcoming General Meeting, do not come into effect until they are registered.
You have begun your Tenancy under the existing By-laws therefore any new By-law and subsequent Registration of this By-law will not impact you. By law changes are NOT retrospective.
You may like to Google “Can a body corporate be allergic to pets?” for a Qld legal perspective (Hynes Legal) on pet ownership in strata. Though not directly applicable to NSW, it makes for interesting reading,.
Sorry – I initially made a typo…By-law changes are not retrospective. I have corrected the typo.
If your Real Estate Agent and/or Owner of your Lot did not obtain approval then I would request that they send a letter IMMEDIATELY to the OC seeking approval. Ask that the Real Estate Agent and/or the Owner base the approval on the information that you have provided in your initial comment. Clearly state that the owner has provided approval.
By-law changes are a two step process. Step (1) OC votes to change the By-law at a General Meeting. Step (2) The new or changed By-laws are Registered.
The important date is the date of Registration.
By-laws do not become legally enforceable until they are Registered with the Registrar General, NSW Land Registry Services. Until that date the previous By-laws apply.
The OC must act reasonably. Therefore, your OC cannot reasonably deny your ability to keep a pet before the date that the anti pet By-law is Registered.
Get your letter in ASAP.
When our OC changed certain conditions on animal keeping, the rule included ‘grandfathering’ of existing animals that were accustomed to the previous arrangements. They will die out eventually and all new animals and their owners must abide by the new conditions. That is an example of being reasonable!
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