#24160
Jimmy-T
Keymaster

    Wolf said

    The EC’s WRITTEN response was … dogs were inappropriate in apartments

    According to whom? There is a stack of evidence to the contrary.  This is an opinion – it certainly isn’t fact.

    the dog would bark and make noise  

    Are they soothsayers?  How can anyone know for sure how an animal is going to behave.  Even if this was an issue, there are aspects of the Act that cover even dogs that have been given permission but turn out to be noisy.

    the dog will soil or damage common property

    Not if it’s properly trained it won’t – and if it does, there are by-laws to deal with it.

    Occupational Health and Safety concerns

    Such as? I was once asked to advise on an attempt to ban pets because they would increase risk if there was a fire.  I pointed out that by far the biggest cause of doestic fires is people cooking or smoking then falling asleep when they are drunk.  Ban smoking and drinking before you even look at pets, I said.  The move was defeated. 

    potential dog smell

    Potential? As in, here is some more soothsaying.

    Being a community minded building with elderly and children and veggie gardens, a dog was unsuitable

    Nothing bring people together in buildings quite like dogs – they almost become a shared facility.  lonely old people love them and kids learn how to deal with animals in a safe environment.  Just keep the dog oput of the veggie patch

    wear and tear on carpet in common property

    Yeah, let’s ban women in stiletto heels first.  And muddy work boots … and kids trailing muck from the veggie patch.

    the dog would frighten people

    These people frighten me.  More Soothsaying – who’s living there, the cast from Macbeth?

    strata insurance liability would be affected

    That is just a lie plain and simple.

    concerns about providing external service providers with keys to walk to the dog

    Don’t forget the postie … and the meter readers … and bin men. Actually, the crime rate among dog walkers is the lowest among any service providers. (OK, I just made that up but it’s no more fanciful than some of these objections).

    Should I even bother sending in another dog application or just give up completely? 

    All of this is just them clutching at straws – and it doesn’t matter how many straws you clutch, the arguments become more bogus, not less.  The disappointing thing is that our Tribunal members seem to have have learned NOTHING in the past 10 years.  If you can’t rely on by-laws when you buy a flat, what’s the point.

    Watch this space … Flat Chat is on the case.

    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.