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Huge thanks to everyone for your advice, it’s really appreciated.
Kiwipaul, the by-law in full is set out below but how do I find out what the definition of a “visitor” is? It’s not mentioned here!
And Whale, when you say “keep means to have on your lot or common property”, who defines this? Doesn’t keep mean some kind of ongoing permanence in normal English vernacular? Is it different in strata law?
Excathedra, no chance of stir crazy here – he’s an older very good natured, well behaved and sedate dog, he gets walked three times a day and spends the rest of his time sleeping.
Jimmy, I tried your tactic and have been issued with a breach of by-law notice. But only after we have been in residence for four months. Another resident got an eviction notice at the same time after being there a year! But the crackdown is only selective, cats are allowed to roam free at night and nobody is required to carry their dog – in fact just the opposite, a notice was put on entrances asking owners to keep their dogs on leashes. Is this type of discrimination in selective enforcement legal? And as the objection is so late does that not mean that consent can have been assumed? How does an adjudicator view a situation like this?
ok here’s the by-law, basically the standard type-B one badly tweaked but without the unreasonable refusal bit at the end. Note that it has no approval process required and animals can only be evicted if they are noisy!
A Interpretation and Definition
(1) In this by-law words defined in the Strata Schemes Management Act 1996 have the meaning given to them in that Act
(2) In this by-law the term “small dog” means a dog that is less than 350 mm tall at shoulder height
B Terms
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Subject to section 49 (4) of the Strata Schemes management Act 1996 and the terms of this by-law an owner or occupier of a lot shall not keep nor cause nor permit the keeping of any animal (except a cat, a small dog, a small caged bird or fish kept in a secure aquarium) within a lot or the common property.
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If an owner or occupier of a lot keeps an animal on the lot then the owner or occupier must:
- (a) notify the owners corporation in writing that an animal is being kept on the lot
- (b) in the case of an occupier of a lot who is not the owner of the lot, provide evidence of the consent of the owner of the lot to the keeping of an animal on the lot
- (c) keep the animal within the lot
- (d) carry the animal when it is on the common property
- (e) repair any damage of the common property caused by the animal
- (f) keep the animal indoors between 10pm and 7am
- (g) take such action as is necessary to prevent the animal from becoming a noise nuisance (and in this regard the EC shall be solely responsible to determine what constitutes a noise nuisance) and
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(h) take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal
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An owner or occupier of a lot who keeps an animal on his lot must indemnify the OC and the owners and occupiers of other lots against any liability or expense that would not have been incurred if the animal had not been kept
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If an owner or occupier of a lot fails to comply with any of the terms of this by-law or keeps an animal in contravention of the terms of this by-law:
- (a) the EC may serve written notice requiring the onwer or occupier to remove the animal from the strata scheme on terms set out in such notice and
- (b) the owner or occupier in receipt of written notice from the EC shall comply
