Thanks Jimmy-T. I have been following the Elan and Horizon cases and listening to you and Sue on the podcasts discussiing the issues.
But I think we have a different situation and wonder if you agree. Our by-law was proposed and passed unanimously by all four owner/occupiers in mid 2016. Then when all by-laws were required to be reviewed in 2017 it was again endorsed by a 100% vote.
At present, with one unit vacant following the death of the owner, the other three owner/ occupiers with 76% of the unit entitlements do not wish to live with pets and see no reason to change a by-law that is based on what was a model by-law prohibiting the keeping of animals (other than assistance animals) but watered down to allow birds, fish and, in an emergency, visiting animals overnight.
The recent finding by a Queensland magistrate supporting the rights of a small community to make whatever rules they choose to match their own lifestyles gives us comfort, as does the 55 page Horizon judgement that suggests that small strata schemes are in a different category.
However, at present it seems that every real estate agent is peddling the notion that a ‘no pets’ by-law is unconscionable and able to be overturned by application to NCAT. Are they right?