[micksik]

@JimmyT said:

What does the by-law actually say?  If it is the standard “May not have a pet without permission …” then you still have a lot of leeway.  If it says “may not have pets” period, then you have a problem.

Regarding the article you quoted, it’s very informative about the law but short of specific advice.

Just bear in mind that when the new strata laws come into effect in November, strata committees have to put their reasons for refusing pets in writing.  And, increasingly, just saying “we haven’t allowed this pet because we have never allowed pets” is not considered “reasonable”.

If the by-law is “not without permission” rather than “no way”, would move in with the pet  (since you are halfway there already) and by the time it gets to a tribunal you should have gathered enough evidence to prove that the pooch is not a problem.  However, if it behaves badly and annoys your neighbours (and not just by its presence), then it – or you – will have to go.

Committees that go to tribunal working on an unproven assumption that every dog will behave badly are (ahem) barking up the wrong tree.  

That’s for that JimmyT

This is the specific by-law 

“25. SPECIAL BY LAW 2 – Keeping of Animals (registered 17 May 1995)
Subject to section 58(12) of the Strata Titles Act 1973, a proprietor shall not keep any animal upon his lot or the common property.”

It is a very old unit so would the new laws apply to this strata?

We live in another unit we own at the moment and have enough evidence from our neighbours to vouch for our pooch. 

Have there been any instances where owners have been evicted because of pets?

[micksik]

Hi there

I’m in the same situation. We have a French Bulldog and we own a unit in Surry Hills NSW but haven’t moved in yet. When we asked strata for further information around the guidelines for renovation they sent us the registered by-laws and we discovered that pets weren’t allowed.

This was there response via email:

“No owners have been given permission, we can’t approve a breach of the by law.

  If there are complaints of animals in breach of the by law then they are acted on.

  The last time the matter was raised at an ec meeting there wasn’t support for changing it.

  There was a Pomeranian in a unit which the tenant was written to to remove most recently if I recall, it surprised the owner that it had been there as the tenancy agreement stated no pets as well. If the owner or friend is raising a complaint about an animal they are aware of then we have to action.”

annag26791 i would be interested to see what actions you take. I also found this article perhaps you may want to reach out to the writer of the article?

We’re not sure what to do now either. Give up our dog or not move in? 

[Author]

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