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  • #83542 Reply | Quote
    Jimmy-T
    Keymaster

      From dubious charges for pet applications to restrictive definitions of “acceptable” pooches, the rules covering pets in strata are a dog’s breakfast.

      [See the full post at: Bogus charge exposes pet permission confusion]

      If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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    • #83592 Reply
      Quirky
      Flatchatter

        The NSW model by-law reads:-
        5 Keeping of animals

        Note. Select option A or B. If no option is selected, option A will apply.

        Option A

        (1) An owner or occupier of a lot may keep an animal on the lot, if the owner or occupier gives the owners corporation written notice that it is being kept on the lot.

        (2) The notice must be given not later than 14 days after the animal commences to be kept on the lot.

        (3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must—

        (a) keep the animal within the lot, and

        (b) supervise the animal when it is on the common property, and

        (c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

        Option B

        (1) An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.

        (2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

        (3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must—

        (a) keep the animal within the lot, and

        (b) supervise the animal when it is on the common property, and

        (c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

        (4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

        If your building’s pet by-law goes much beyond this wording, then it is very likely to be invalid. If your building has a pet by-law that is more restrictive, then at the next general meeting, ask the secretary of the strata committee to add a motion to amend the pet by-law and to substitute the model by-law wording, and to register that amended set.

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      Reply To: Reply #83592 in Bogus charge exposes pet permission confusion
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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