› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › A Cautionary Tail › Current Page
@Whale said:Therefore it’s Model By-Law 16 of the NSW Strata Schemes Management Act (SCMA) that applies, and I would have thought that, together with the incorrect information/wording provided by the Owners Corporation, would be grounds for the whole procedure of you seeking consent to be again commenced.
That’s not accurate, Whale. The OC did give us the correct by-laws i.e. the Model by law 16 when we purchased. I typed in the wrong one on this forum! Sorry for the confusion.
Also – we would have accepted a conditional approval. In fact, we suggested a trial period in our application for the dog i.e. a 2 week period for us, the rest of the OC and the dog itself to see how everything would settle down. The EC immediately asked “What would it take you to return her if we gave you a trial period?”
Hardly a fair trial, if that’s their first response! I said that substantiated written complaints would be sufficient evidence that it wasn’t working out.
They refused us a trial period.
Thanks so much for your feedback – I’m feeling pretty defeated at this point and don’t know if it’s worth convening an EGM (this was also the legal advice given to us by Bannermans) as at the Annual General Meeting, most owners were okay with cats and small dogs; the shelter dog we are looking at is 20kg, so she’s not small! Unsure if we would get the rest of the owners’ support.
I believe that I’ve exhausted all NCAT-related options, as I’ve lost the adjudication and am 99% certain my appeal is also lost.
I’m thinking that the my only option would be to give up our shelter dog (who has spent the majority of this year in a kennel waiting a decision from this saga), much as it breaks my heart, and re-apply for another type, breed, age, etc of dog?
Though it would be hard to find another dog that would fit apartment living so well – it took us 2 months to find this one! Also, given how entrenched my EC is, my feeling is that they would continue to say no to us, no matter what type, breed or age of dog we chose.