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[Anonymous]

“With that in mind, he (Mr Roberts) said, the new model bylaws will, for the first time, cover smoke drift and allow pets by default, rather than banning them as is now the case.”

 

The following is from the Needham case,  Needham  v OC SP 49401 (Strata and Community Schemes) [2013] NSWCTTT 465 (17 September 2013)

“….which provided that animals could not be kept on the lot or the common property without the consent of the Owners Corporation and that that consent could not be unreasonably withheld.”
M Eftimiou, Member Consumer, Trader and Tenancy Tribunal

The position in the SP described by Member Eftimiou is the default model by-law, the one where an owner can have a pet with approval; that is the default by-law which is what Mr Roberts calls a ban.

I still ask has the Minister ever read the current model by-laws.
Option A is the default, option C is the ban.

SSMR Schedule 2 Model By-laws for Residential Strata Schemes.

17   Keeping of animals

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

Option A

(1)  Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) 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.

Option B

(1)  Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) 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.

(3)  If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:

(a)  notify the owners corporation that the animal is being kept on the lot, and

(b)  keep the animal within the lot, and

(c)  carry the animal when it is on the common property, and

(d)  take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.

Option C

Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.

 

If A is a ban what does Mr Roberts call C?

The issue highlighted in the submission period of the strata reform process was that existing owners have problems with existing situations. Existing OC’s can’t be reasonable and refuse to change their position.

The Minister not only misleads with his take on the reform but also fails to address the issue.

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