[strata Newbie]

Because of your help /knowledge and the ability to chat about it with an outsider, reading some of the other parts of this forum has been great, it has given me some good ideas and possibly the ability to open up some good discussion with the owners and management.

I’ve got my fingers, toes and legs crossed that we can get a positive outcome from all of this bother, once the heat settles but then again I am a newbie to Strata Living so I probably shouldn’t set my hopes to high…

I have already started to jot down some ideas for the By-Laws that we could look at adopting. Your help with regards to our legal letter has been helpful to. I had a chat to management and I think they will reply in kind without engaging a lawyer, along the lines of mediation with their client.

Strata Living certainly doesn’t make for a dull life in semi retirement….

[strata Newbie]

That was what I was thinking.

I  see this as a threat letter, go away, leave our client alone. I’m keeping my animal.

I believe that we have the right to set down the terms of acceptance of which the owner needs to adhere to not the owner dictating  terms to the majority.

[strata Newbie]

Thank you for information and references to relevant Acts etc…  It is a hell of a maze of information to digest.

As you can understand we were a little confused with the lawyers letter as, as we see it they are referring the animal as: 1. Pet  Companion not an assistance animal.

I believe the majority of our owners would not wish to go all bushed up to a lawyer regarding this matter, but  also don’t want to be bullied by an owner who believes the rules do not apply to them. We also need to be so so careful that this does not  set a precedent for future owners/tenants who want to circumnavigate our policy rules.

Mediation was hopeful but the owner in question is having nothing to do with us and does not wish to discuss  unless we go through the lawyer.

Has any kind forum member have a suggestion how we can proceed / respond to this legal letter. As I am guessing we will need time to organise a meeting of owners to discuss reviewing our by-laws and put in place safe guards to protect the majority of owners who still wish to live in a community that has a no pet policy.

or

Could /should we use delay tactics and request the certification for this assistance animal…. If that is the case they are putting forward…. Guess we need it clarified.. Is it a companion or assistant animal…

[strata Newbie]

We are a small self managed strata of 7 units and have had in place a no pet policy since inception as per the ( South Australian Strata title Act 1988) the majority of owners are very keen to keep in place this Policy.

This particular owner of our Strata has been a stead fast supporter of this current policy but has just recently been challenged by a majority of owners about the housing of a Bird within the unit without permission from the corporation. The owner was asked to remove the animal.
The owner advised that the bird is not an animal and will keep it. The corporation tried to discuss the matter and advised to try an application to the owners but we were advised by the owner was going to sell the unit keep bird and go to mediation.

The next thing we received was this legal letter :

Re : Owner of Unit ** – Pet Budgie companion

We act on the instruction of our client and refer to the above matter.

We note that at the extraordinary meeting of the Strata Corporation held on….., a vote by the committee was held in relation to “Bird” name withheld being housed at unit no **, owned by our client. Under the heading Pet Application unit No ( different unit & owner another animal) it was voted at the meeting that ‘Bird”’ name withheld was not allowed to be housed in the unit. A copy of the minutes of that meeting enclosed.

We bring to your attention Section 19 subsection 4(c) of the Strata Title Act 1988 SA which states the following:
(4) The articles of a strata corporation cannot-……
(c) prevent an occupier of a unit who has a disability from keeping a relevant animal at the unit….

Further to this, we provide a medical certificate from Dr. name withheld which state the : ‘Bird”name withheld assists with our client’s disability and there fore cannot be prohibited from being kept at unit.

Please confirm in writing that no further action will be taken in relation to above matter.
………
End of Letter

The medical Certificate grounds are as follows:
Owner needs companionship Bird ot assist in the management of multiple medical problems and disability.
The loss of the animal would be detrimental to owners physical and mental health.
……..
End of certificate

As you might understand we were very surprised to receive a legal letter as apposed to a Mediation request.

We are wondering how to proceed and respond and would it be advisable to refer the solicitor to
The discrimination Act of 1992 Section 54A of that Act

Also like to add that this particular owner had advised us they have had 3 birds over several years and has never applied for permission for any. The owner was also asked if the Bird should die tomorrow would it be replaced … The owner advised no I would not get another one…..

Any advise and help would be greatly appreciated.

 

Strata Newbie

[Author]

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