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A REA (Real Estate Agent) / Landlord has given the green light to a tenant for a dog, without seeking approval from the SC. We as a SC have since stated we won’t be approving a dog in the building. What are the next steps as our SM doesn’t seem to be the most dynamic person on the planet.
We are bound by the STRATA SCHEMES MANAGEMENT ACT (1996) Schedule 1.
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A real estate agent can only give permission for a pet to occupy a unit subject to the by-laws of the building. The strata manager should be instructed to contact the agent and the landlord to warn them that they should tell the tenant they have to abide by the by-laws and that only the owners corporation can alter those conditions.
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We are bound by the STRATA SCHEMES MANAGEMENT ACT (1996) Schedule 1.
Which says: 16 Keeping of animals
(1) Subject to section 49 (4), an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.At the risk of being picky, unless you have changed the by-laws, you are subject to Schedule 2 of the Strata Scheme Regulations (which says the same thing anyway).
Anyway, they are being a bit cute here by not allowing the strata committee to decide. So the first thing to to is issue a Notice To Comply (with by-law 16 of Schedule 2 of the Strata Schemes Regulations) for keeping an animal without written permission.
What happens next is up to them. If they apply for permission and your committee refuses, you have grounds to go straight to NCAT for penalties (which, incidentally, go into owners corp coffers) and you might also seek costs.
If they don’t apply for permission, then the NCAT option stands (provided you have sent them the Notice to Comply).
Or this could be your opportunity to take the temperature of the building and find out how badly the majority of owners don’t want pets. And you might want to line up your reasons for refusing the application. The majority of owners don’t want them or some owners suffer from allergies and asthma, will fly. “We’ve never allowed pets’ is not a reason – it’s just a statement of historical fact.
By the way, the notorous pet by-law case is in the Supreme Court this week but I wouldn’t wait for a verdict. Get your strata manager to issue the NTC. If they are as slack as you suggest, ask them to forward you a copy of their contract so you can check the use-by date – might be time to get a new SM.
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What would happen if a pet (dog) was allowed into a lease agreement, yet, the BC was not consulted for permission, an NTC was sent, and as the days/weeks went by without action, the dog had bit someone?
Why would there have been no action. You send the NTC and if the dog hasn’t been removed you pursue the issue directly at NCAT.
If the dog bites someone, that’s clearly grounds for its removal from the strata scheme under section 156 or section 158 of the Act. If you are asking who’s liable, it would be exactly the same as a dog biting someone in the street or in the owner’s home – it’s the personal responsibility of the dog’s owner.
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