Pet owners often complain about rules imposed by strangers in a large block. But what if there’s only one other apartment and they’re putting up “no dogs” signs before you even buy in?
QUESTION: I am considering buying the upstairs apartment in a duplex in which both lots have equal unit entitlements. A by-law was passed last year allowing the downstairs unit to keep a pet. But a new owner has since bought that flat and she says she won’t give permission for a dog upstairs.
Fair Trading has told me her reasons for withholding permission may not be a ‘reasonable objection’ under the by-laws. Also, as we have equal voting rights, the other owner can’t legally prevent me from having my pets (two small dogs).
Fair Trading also says if I move in and the downstairs neighbour still objects, it would be up to them to apply to the Consumer Trader and Tenancy Tribunal (CTTT) to have the dogs removed (albeit with no guarantee of success).
Would the fact that there’s previous permission for a dog in the building help my argument at all? Can I safely buy this apartment? – Duplex Perplexed, Mosman.
ANSWER: It comes down to how much you want this apartment and how prepared you are to live in close proximity to someone who may resent you from day one.
Pro and anti-pet feelings are deeply held and questions of legal right and wrong soon take a back seat to personal grievance. Legally you could get away with taking your pets to this apartment but you may well be letting yourself in for years of conflict with your one and only neighbour.
And while you have a very strong case, there are no guarantees. Rulings at the CTTT are all too often devoid of common sense, logic or even sometimes legality. Are you prepared to take that risk?
I’d look for somewhere more welcoming to you and your dogs. This apartment may be a bargain but you can’t put a price on friendly relations with your neighbours – especially when there’s only one.
Jimmy Thomson will be on the James Valentine show on ABC 702 on Tuesday, October 27, at 2 pm to take your calls on strata matters.