#55470
Sir Humphrey
Strataguru

    Another rules angle might be to use the default rules on noise and nuisance. After all, the problem with the dog is not that it is an animal but that it is a source of noise. The executive committee (EC) might send a rule infringement notice if requested. They are more likely to agree to do so and later you might have more success at the Tribunal if you have kept a noise diary and have your noise complaint corroborated by other neighbours. You could alert the EC to s.107 of the Act: “If the unit owner does not occupy the unit, the owner is liable separately and together with an occupier of the unit for any breach of the rules of the owners corporation by the occupier, unless the owner proves that the owner took reasonable precautions and exercised appropriate care to prevent the breach.” so I suggest that a rule infringement notice should go to both tenant and owner with the bit above quoted by way of explanation, particularly to the owner, who might be more inclined to take action if they realise they could be held liable.