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Hi All
First time poster here. The building that I own currently has a motion on the AGM calling for a switch from By-Law 16 Option A to By-Law 16 Option C. It is unlikely that it would pass however not knowing what the consequences are does concern me.
There are about four dogs in my building, however mine is the only one registered and accepted by the Executive Committee. If the switch is made to Option C, is there any grandfather conventions that come into place or will I be expected to get rid of a loved one in order to comply?
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If you’re in NSW, the original By-Law 16 in Schedule 1 of the Strata Schemes Management Act (1996) didn’t have any options, so I assume that your Owners Corporation is proposing to adopt Option “C” of By-Law 17 in Schedule 2 of the Strata Schemes Management Regulation (2010) which states:
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.
Whilst the proposed new Pet By-Law could be applied retrospectively, it sounds to me like it’s aimed squarely at those other owners who a keeping dogs without approval. In any case, in order to pass at the AGM, the Motion to adopt Option “C” (above) would require a minimum 75% of those owners present, including proxies, to vote in favour, and that’s a fairly significant hurdle!
Don’t be concerned about having to get rid of your canine friend, because even if Option “C” passes and there’s no “grandfathering”, I’m sure that your friend could very easily become a hearing dog, and would therefore be exempt from Option “C” under Cl 49(4) …….. what was that?
If your dog has received approval by the EC they cannot then turn around and ask you to get rid of it because they have changed the bylaw unless they can show your dog has proven to be a nuisance to others.
Those without approval are in a much more vulnerable position.