Biologynerd said:
I have a few questions:
1) Is it unusual that so far (6 months in) we have heard nothing official from the owners’ corporation about meetings and so on?
It’s not all that unusual – some buildings hand over most of their day-to-day running to their Strata Managers or just don’t have Executive Committee meetings that often. What would be unusual would be if they were having EC meetings but not telling anyone. Write to the secretary or strata manager and ask when the next EC meeting is as you’d like to attend (which you are entitled to do).
2) Is it our best option to just write a letter to the owner’s corporation requesting permission to get a pet? Many people have suggested we need to say what type of dog, it’s size, age, behaviour etc – given that we are asking permission to GET this dog, obviously we don’t have it yet, so do we just describe the dog we are hoping to get??
You have to write to the EC to get the permission under the by-laws. When you’re choosing your dog, do some research into what’s the best size and breed. For instance Jack Russells can be very noisy as they will defend your home which means barking at every person who walks past your door. Bichon Frisse are small and cute but they can be annoying because they are neurotic and bark all day. Some breeds are just too aggressive to be allowed in any kind of community living. Others may need more exercise than you have time to provide.
THIS website has some very good advice and suggestions of suitable breeds,you could also look at THIS one for a lot of suggestions, and THIS one has some good comments from dog owners. Once you have chosen your breed, make the reason you chose the dog – quiet, friendly small … whatever – part of your application. Remember, there are other by-laws relating to noise, nuisance and health concerns that could see a badly behaved dog evicted … so choose carefully. Also bear in mind how active and noisy your neighbours are – is you have lift lobby chatters next door, don’t get a dog that’s going to growl and bark at them.
3) Given that the neighbour we spoke to told us that one of the executive committee is totally against dogs, and will likely refuse our request, where would that leave us?
That’s just one vote. But make it as easy as possible for all the other members to say yes.
Who is to say whether his refusal is ‘reasonable’?
Well, one person can’t decide – it’s the committee. Also the definition of ‘unreasonable’ is critical. If they refuse, then you can ask them to provide you with the criteria that they used when making the decision. If they don’t have a valid or logical reason for refusing the dog, they are breaching the by-law. If they don’t have criteria, then how can they make a reasonable decision. If they don’t give you an answer, then that is withholding permission – just choose the right breed and you’ll be fine.
Is this something we could fight, or would this be a final answer with no recourse?
Sure you can fight it – on the grounds stated above. The by-laws say permission can’t be unreasonably refused … that allows you a lot of leeway. If you’ve done your homework and chosen a quiet, well-behaved breed, they have no reason to refuse. But the way to fight it may be to force their hand by getting the dog (see below).
Could we then take the issue to the AGM? Which brings us back to the question of how to have some say when the AGM does come around.
The AGM is the one meeting a year where everybody gets to have a say – and the AGM supersedes Executive Committee decisions so yes, by all means … if it comes to that.
we are trying to go about it the right way (i.e. ignoring the advice of friends to just get the puppy and then ignore any angry letters etc…!)!
Do your homework, write a letter asking permission and saying the breed you have chosen and why, wait a reasonable time for a response (five weeks) if you hear nothing, get the dog and let them come after you. But don’t ignore the angry letters – tell them to issue you with a Notice To Comply and you will happily go with them to mediation and adjudication because you are in the right.