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Whale said….given your prior knowledge of the situation regarding pets at the Plan and the Owners Corporation’s reasonable approach (by not banning pets outright), you would very likely be issued with an Order to remove your dog.
PeterC said….Does NSW have a provision in the Act like the ACT one: that permission shall not be unreasonably refused?
Peter – as it appears every State and Territory of Australia merely tweaks the most recent version of whichever one has the most recent strata legislation, the answer to your question re. both the current and proposed NSW Legislation is YES, and as I was trying to point out somewhat obliquely, grahamd would in my opinion be hard-pressed to successfully argue against the decisions chocolate-wheel of the NSW Civil & Administrative Tribunal (NCAT), the ACAT, VCAT, QCAT, or any other State or Territory “CAT” that a By-Law in the terms suggested was unreasonable.
It’s of course grahamd”s call, but personally, as a Lab. is a largish dog for apartment living that’s therefore not listed on the RSPCA’s Register, I couldn’t argue by-law ignorance (not that its an excuse) and therefore wouldn’t be inclined to try my luck; but that’s me.
Over and out!
