› Flat Chat Strata Forum › By-laws and outlaws › Pet vote with no motion applied to another animal › Current Page
I am from NSW, with the older pets by-law which requires written permit, Owners Corporation (OC) not unreasonably withholding approval.
All older pet by-laws have largely been superseded by regulations and by-laws that basically say either all the owner has to do is notify the owners corp that they have a pet, or seek approval, with conditions, that may not be unreasonably refused.
Recent court cases have pushed the needle on pets to a default of acceptance, subject to the animals not proving to be a nuisance
The other side of this is an “interference” regulation that lists the grounds on which you can complain about an animal (below).
Correct procedure clearly wasn’t followed in this case but given that it would have been harder to refuse than accept, and the former would have led inevitably to a Tribunal challenge, I can see why the committee and strata manager would let it ride.
In the same vein, no Tribunal is going to remove a manager because they didn’t follow the letter of the law in achieving an outcome that was inevitable either way.
However, fi the dogs are proving to be a buisance, here are the grounds for dealing with them:
For the purposes of the Act, section 137B(3), the circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property are—
(a) the animal makes a noise that persistently occurs to the degree that the noise unreasonably interferes with the peace, comfort or convenience of another occupant, or
(b) the animal repeatedly runs at or chases another occupant, a visitor of another occupant or an animal kept by another occupant, or
(c) the animal attacks or otherwise menaces another occupant, a visitor of another occupant or an animal kept by another occupant, or
(d) the animal repeatedly causes damage to the common property or another lot, or
(e) the animal endangers the health of another occupant through infection or infestation, or
(f) the animal causes a persistent offensive odour that penetrates another lot or the common property, or
(g) for a cat kept on a lot—the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 31, or
(h) for a dog kept on a lot—
(i) the owner of the animal fails to comply with an order that is in force under the Companion Animals Act 1998, section 32A, or
(ii) the animal is declared to be a menacing dog or a dangerous dog under the Companion Animals Act 1998, section 34, or
(iii) the animal is a restricted dog within the meaning of the Companion Animals Act 1998, section 55(1).