QUESTION: The Executive Committee at our complex has received an application from a resident to install a doggy door on to their balcony. Our building manager has told us we can give them permission if we create an exclusive use by-law.
Are we able to do this or do we have to adhere to the by-laws registered for our strata plan? – Douglas, Roseberry.
ANSWER: First of all, you should ask if this dog flap really is a good thing. Does the dog flap undermine the security of the apartment (the owner’s concern) or the building as a whole (everyone’s concern)? Or will it suddenly allow a yappy dog access to the balcony that could disturb neighbours?
But having decided it’s OK to put one in, your strata manager is right. The balcony doors will be part of common property so you want to make sure that any damage done in the creation of the dog flap or any maintenance thereafter is the responsibility of the dog owner.
You want also to make sure the owner of the apartment, now and in the future, will be responsible for the reinstatement of the glass, if that’s ever required.
For instance, a new owner might come in, decide they don’t want a doggy door and tell the owners corporation to replace it (and they would have a case).
Get the dog owner to agree to pay for all the legal costs associated with drawing up the by-law, plus the costs of any meetings required to get it passed. The exclusive use by-law must make it clear that the owner is financially responsible for the upkeep of the whole door from that point on.