› Flat Chat Strata Forum › Common Property › Aggressive dog roaming common property and unfinancial votes › Current Page
First of all, you might want to take some pictures or video of the dog off the leash.
Next, your best move may be to have your by-law changed to say dogs must be on a leash when on common property as some owners will argue that thei dog is “under their control” whenever they are around. This may be true … until it isn’t.
Meanwhile you might consider taking action under Section 158 (below) of the Strata Act which relates to controlling animals that have been permitted under the by-laws but which turn out to be a problem.
For instance, you could apply for orders that the dog be kept on a leash whenever it’s on common property because it “unreasonably interferes with the use or enjoyment of another lot or of the common property.”
You could apply for the dog to be leashed on the grounds that the Tribunal can issue orders that will “terminate the nuisance or hazard or unreasonable interference.”
You will, of course, have to apply for mediation first and you could either take action against the dog owners or the owners under 158 and the strata committee under section 232(2) for failure to fulfil their responsibilities.
(1) The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
(2) The Tribunal may order that the person—
(a) cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b) within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.