No Pet Bylaw

› Forums › Pets: Furry friends … or fiends? › Current Page

Create New Reply
  • Creator
    Topic
  • 16/02/2017 at 2:59 pm #10913 Reply | Quote
    Vandal

      Hi,

      I live in NSW , My problem is we have a special no pets bylaw in our building, resently we discover that one of the tenant has a cat ….

      we also discover that he has the cat for two years, So there for he’s been knowingly braking the no pets by law for two years….

      Our managing agent has sent him a letter regarding his breach of bylaw and ask him to get rid of the cat…

      We also had an EOG meeting regarding this matter….the result of that vote at that meeting is against the tenant … as a result the maneging agent sent the tenant a notice to comply and remove the cat….

      The problem that we having is that the tenant refused to remove the cat…. and insist that he will win if we go to NCAT due to his children wanting to have the cat….

      My question is… what are the chances of the body corporate winning this case…. please note…..  that this person know someone from NCAT as he mention this to one of the owner…. 

    • Creator
      Topic
    Viewing 3 replies - 1 through 3 (of 3 total)
    • Author
      Replies
    • 16/02/2017 at 4:07 pm #26419 Reply
      Jimmy-T
      Keymaster

        What is the specific wording of the by-law?

        By the way, if this person really knows someone from NCAT then they will know that by-laws tend to be upheld.

        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.
        Quote
        16/02/2017 at 4:54 pm #26420 Reply
        Vandal

          Hi,

          this is the wording of the special bylaw…

          Special bylaw 4

          1. By-Law 16 is repealed..

          2. Subject to section 49(4) of the strata Scheme Management Act 1996 and paragraph 3 of this by-law an owner or occupier of a lot must not keep any animal on the lot or the common property…. 

          thanks,

          Quote
          16/02/2017 at 5:14 pm #26421 Reply
          Jimmy-T
          Keymaster

            You haven’t included paragraph 3 which is referred to in the text.

            Also your by-law refers to the 1996 Act (which has been superseded – but I’m not sure if it still applies to existing by-laws).

            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.
            Quote
          • Author
            Replies
          Viewing 3 replies - 1 through 3 (of 3 total)
          Reply To: No Pet Bylaw
          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.

          You can use BBCodes to format your content.
          Your account can't use all available BBCodes, they will be stripped before saving.

          Your information:




          › Forums › Pets: Furry friends … or fiends? › Current Page