#65683
Jimmy-T
Keymaster

    Apply for mediation at Fair Trading with a view to pursuing the owner under Section 158,  “Order for removal of an animal permitted under by-laws” which says:

    (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.

    Gather your evidence, including statutory declarations from witnesses.  However, the simple fact that you have applied for mediation – a mandatory precursor to Tribunal action – might get something happening.

    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.