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Topic
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Just wondering if anyone can advise what we do next… if anything.
Background:
We applied for our unit in June 2013 and clearly stated on the application that we had a domestic short haired cat. The application was accepted.
When signing the tenancy agreement we noted the strata laws said ‘no pets’ and immediately raised with the real estate that we had a cat and that it had been clearly articulated on the application form. They said that it would be OK and would gain approval from the owner and strata. We signed the agreement in good faith – in hindsight we shouldn’t have.
So myself, my partner and our cat have been living in the unit for 3 years. Harry (the cat) is an indoor cat, however he used to be outdoor. Hence, we occasionally have let him into the enclosed courtyard so he can enjoy some sun and fresh air, lie in the garden etc. This has only been when we are at home. Consequently, all of the neighbours have got to know him over time and he knows more people than us because he is very friendly. One neighbour even ‘borrows’ him in the evening sometimes for company!
Overtime we have noted that other people had pets (seen another cat and a dog) and made the assumption that the by-law had been changed. We also never heard anything from the real estate or from strata about Harry so we just assumed that he was approved…. however…
Situation:
In May this year we received notification from strata about having Harry. “It had come to their attention that we had a cat on the premises”. It was then requested that he was “removed” immediately. Clearly, we were not just going to get rid of a 10yr old cat that we have had since he was a kitten over night! Luckily, as we were going away the following week, we had already made arrangements for him to stay with family, so he went early whilst we tried to resolve.
We contacted the real estate to understand why we had received this notice – we thought he was “approved”. They then admitted that they never sought approval. An apparent oversight. Given their lack of speed to resolve maintenance issues over the 3yrs we believe its more because they are sub-standard.
Whilst waiting for a response from the real estate we received another letter about Harry meowing at the communal door (he had been in the courtyard). This was within 7 days of the first, and at this stage we could be fairly confident a neighbour has made a complaint. Or a neighbour had been refused to have a dog and then consequently raised about us having a cat – in the weeks before the notice, a dog was barking in an adjacent apartment.
Where are we now
The real estate contacted strata in June and requested that we be able to keep Harry. They refused given the current by-law in place. We then requested to go to mediation. There has been no further correspondence from strata on the request and no further notices from them. Harry came back mid-June and has resumed his normal lifestyle.
Should we be chasing the real estate to chase strata? Or should we just wait?
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Replies
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@chiggs79 said:
Just wondering if anyone can advise what we do next… if anything.Background:
When signing the tenancy agreement we noted the strata laws said ‘no pets’ …
What is the exact wording of the by-law? Have a look at item 9 HERE and you will see why this is important.
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The by-law quoted is clearly intended to default to option A – unless there is evidence that option C was chosen by owners at a general meeting.
So, what is Option A – and which state are you in?
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Does it also say that permission must not be unreasonably refused?
And how old is the building?
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