#22534
Whale
Flatchatter

    ukirak said ….

    1) I am concerned about what the outcome would be if they chose to and voted for a no pet by law before any further action is possible on my part. Can this only be accomplished during the AGM?

    YES, provided the proposed (special) by-law is included with the Agenda for the AGM, and ≥75% of those owners in attendance both personally and by proxy voted in favour in accordance with the units of entitlement of their respective Lots (i.e. a “poll vote” as opposed to one determined by a simple majority)

    2) Would it be more prudent to apply for a mediation myself and see how they respond?

    YES; absolutely using THIS form, but firstly get all your evidence such as correspondence in order, and after you’ve lodged the Application pay your Executive Committee the courtesy of advising them of that; if they then change their tune you can always withdraw your Application.

    3)  they (the Owners Corporation) fear allowing my dog would give off the appearance that dogs are allowed.

    That’s a largely spurious argument as the provisions of the NSW Residential Tenancies Act (2010) requires the Owner / Landlords of those 3-4 rented units, who don’t want dogs in the building, to grant their tenants consent to keep a dog before the matter then goes to the Owners Corporation or its E/C for further consideration; and it appears that primary consent would be refused.

    Get cracking, but DON’T bring your dog to your unit in advance of Mediation taking place as the mediators don’t take kindly to the parties making preemptive moves that compromise their role or make it more difficult.