› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Is it OK now to buy into a “no pets” block › Current Page
The dust has not quite settled, but it is close. Tell ’em what you like Jimmy.
If you listen to this week’s Flat Chat Wrap podcast, which goes up later today, you’ll hear strata lawyer David Sachs explain the legal situation as it stands. To some extent, The Hood is correct, technically at least.
The no-pet by-laws that exist can stay on the register until such times as they are removed by the Owners Corporation, and the strata committee or strata manager could theoretically issue notices to comply based on them.
However, this would be done in the almost certain knowledge that the tribunal (NCAT) would reject the NTC because of the Court of Appeal ruling. Which leads to the question, why would any strata committee bother pursuing a complaint that was bound to fail?
Anyone looking to buy into a building with a “no-pets” by-law might face some resistance but it would not mean they’d lose the pet. In FlossyB’s case, that resistance has already gone and she can happily move ahead with confidence.
For other schemes, though, you might consider how strongly feelings are running against pets, especially if the block has recently reconfirmed its objections to them. Do you really want to start your life in a new home as its most-hated resident?
Meanwhile David reckons that a High Court appeal is far from guaranteed, partly because of cost – “more than the Appeals Court but less than a defects claim” – and partly because the High Court might decline to rule on an issue that only relates to one state.