#60015
Jimmy-T
Keymaster

    Oh, dear.  The committee has decided to take the “do-nothing” option, and taken the dog-owners’ side because they foolishly believe that will make their lives easier.

    I was going to ask about your by-laws but they are almost irrelevant as there is a section of the Act (158) that refers specifically to animals that have been permitted but prove to be a nuisance.

    158   Order for removal of an animal permitted under by-laws

    (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.

    So, you see that 158 (2)(b) allows the Tribunal to issue an order that sets a time limit for the dog’s behaviour to be moderated.  That means the committee doesn’t need to ask for the dog to be removed in the first instance. The point being, the committee has options and is choosing to take none of them.

    So this is what you could do.  First take a detailed diary of when the noise occurs.  Then get statements from neighbours who have also heard the dog.  And make recordings (on your phone, is easy) of the dog yapping.

    At the same time, you could seek mediation at Fair Trading with a view to either getting the neighbours to agree to take decisive action or (and this would be my preference) take the committee to NCAT under a section 232(2) for failure to exercise its responsibilities.

    Now here’s my question for Flatchatters.  Is there anything the owners can do to stop the dog yapping?  Or is it too late for our little Mexican amigo?

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.