[rhi]

Setting aside the incorrect procedure in getting the vote and interference.

This was the permit. Written down after I asked for it.

rhi wrote:

SM email: “I have now obtained written approval from MrB and MG, as it was not recorded in the minutes from the last AGM even though you confirmed in writing it was discussed.

Our by-laws is:
Clause 16 Keeping of animals
(1) Subject to section 49 (4), an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal 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.

Doesn’t this sound like a Blanket Permit, since:
1. It resulted from the 2021vote then now claiming it includes this dog brought in on Oct 2022.
2. Zero information, zero conditions.
As OC/committee member myself I cannot say I can vote with care and diligence as per Clause 37 of the act.

37 Duty of members of strata committee
It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence

Is there anything on the laws and decisions that:
1. Allow for Blanket Permits.
2. An application and permit for each individual animal, each and every time a new pet is taken whether new or replacement
3. What an application should minimally contain. Acceptability of oral applications.
4. What a permit should minimally contain.

Does our by-law as currently stated need to be changed to refer to an internal process of getting a written permit?

Thank you again.

[rhi]

Jimmy-T wrote:

(a) the animal makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another occupant, or

How can unreasonable interference be judged though? One’s level of peace, comfort or convenience can be different from another.  I’m the only one who’s going to make a formal complaint on this, the rest are tenants who won’t.

Jimmy-T wrote:

And, yes, Mr B will take this personally. Perhaps a letter to the strata committee explaining your options, and inviting them to sort this out to avoid any unnecessary conflict, might do the trick. Couched in terms that you don’t want to cause trouble but you feel you are being ignored might soften the blow.

I will try that. But does anyone have any experience with Community Justice Centres cjc.justice.nsw.gov.au? They seem to mediate neighbour disputes. MrB being a neighbour in the strata, aside from a committee member.

[rhi]

Thanks JimmyT.

I am hoping that this does not actually go to NCAT that mediation alone would sort it out.

MrB has a history of sneaking dogs in without asking for approval. We just learn of it when it starts barking and the smell comes out into common indoor areas or if I happen to see a glimpse of it outdoors. When asked, MrB does not respond to anything. SM1 may have been privy to information but it wasn’t passed on to us, to me at least.

So, there’s no information about the dogs: breed, age, health & training records. There were no conditions set. Including for this new dog.

The first time,  I pointed out that the dogs when left alone, would be howling, barking at the birds on the lawns several metres away from MrB’s window, people on the street, dogs being walked past, running inside chasing one another from one end to another. MrB’s lot has wooden floorboards and with my lot directly above them with exactly the same floorplan, wherever I am I could hear the noise. The dogs would bark when people, including residents and visitors, would walk past their doors. Their closed doors prevent face to face encounter with
the dogs but when the dogs suddenly bark, even when you expect it, it gives me and my visitors a fright, making me feel like an intruder in my own home. Then the owners arrive, there is such a ruckus and commotion compounded by an explosive slamming of their door. I sit outside my balcony trying to relax,  their balcony door or windows are opened, and the smell drives me inside.

The first time, SM1 and OC would not acknowledge that this was causing interference to my peace & comfort.
I was told it was normal in strata living and to live with it. So how can peace and comfort be actually quantified, the line set making it unreasonable. Their tolerance is obviously different from mine.

The problem is, I am the only officially complaining. MG, the other owner/strata committee member does not live here; the other two remaining residents are tenants. Though MG’s tenant re-affirmed to me the noise, this tenant did not want to make it official for fear of blowback. MrB has a history of tit-for-tat. And deflects from one issue to something else, making it feel I’m the one who has an issue that has to be resolved first.

I cannot talk to MrB reasonably. The last time I tried to, he told me to address any issues with the Strata Manager.

I bring interference to the table and MrB’s reaction would be: I am personally targeting them. I need even that one strong cause to bring it Fair Trading for mediation, not the Strata Manager, with the aim of: getting a process in place, where an application is made with information about the dogs, with conditions set accordingly.
It is not just about MrB’s dogs. It is about any future dogs that are brought in by everyone. Same criteria for everyone.

Tips for me to do so?

I brought up trying to replace SM because of other issues we have had. This is just one of many. I won’t go into them.

[Author]

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