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QUESTION: I am the chairman of a small unit block and we wish to amend our pets by-law so that occupants who are owners can have one cat or a small bird or some fish (but not a dog). However, some don’t want tenants not to have any animals at all. Is it OK to distinguish (discriminate?) between owner-occupiers and tenants in this way? – Petronius, North Shore
ANSWER: My friends in strata management say you can discriminate between cats and dogs but not owners and tenants. The Strata Act consistently refers to ‘owners and occupiers’ when it comes to by-laws.
However, your by-law can state that any pets have to be approved by the EC and that tenants have to have the written permission of their landlords before applying to bring a pet into the building.
You could even say permission can only be given at a general meeting. Even if that’s just a formality, transient tenants are unlikely to want to wait till the AGM rolls around.
However, if the tenant is a long-standing resident, why not accord them the same considerations as an owner occupier? Many tenants are better neighbours than some investor owners.
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