We are a small self managed strata of 7 units and have had in place a no pet policy since inception as per the ( South Australian Strata title Act 1988) the majority of owners are very keen to keep in place this Policy.
This particular owner of our Strata has been a stead fast supporter of this current policy but has just recently been challenged by a majority of owners about the housing of a Bird within the unit without permission from the corporation. The owner was asked to remove the animal.
The owner advised that the bird is not an animal and will keep it. The corporation tried to discuss the matter and advised to try an application to the owners but we were advised by the owner was going to sell the unit keep bird and go to mediation.
The next thing we received was this legal letter :
Re : Owner of Unit ** – Pet Budgie companion
We act on the instruction of our client and refer to the above matter.
We note that at the extraordinary meeting of the Strata Corporation held on….., a vote by the committee was held in relation to “Bird” name withheld being housed at unit no **, owned by our client. Under the heading Pet Application unit No ( different unit & owner another animal) it was voted at the meeting that ‘Bird”’ name withheld was not allowed to be housed in the unit. A copy of the minutes of that meeting enclosed.
We bring to your attention Section 19 subsection 4(c) of the Strata Title Act 1988 SA which states the following:
(4) The articles of a strata corporation cannot-……
(c) prevent an occupier of a unit who has a disability from keeping a relevant animal at the unit….Further to this, we provide a medical certificate from Dr. name withheld which state the : ‘Bird”name withheld assists with our client’s disability and there fore cannot be prohibited from being kept at unit.
Please confirm in writing that no further action will be taken in relation to above matter.
………
End of Letter
The medical Certificate grounds are as follows:
Owner needs companionship Bird ot assist in the management of multiple medical problems and disability.
The loss of the animal would be detrimental to owners physical and mental health.
……..
End of certificate
As you might understand we were very surprised to receive a legal letter as apposed to a Mediation request.
We are wondering how to proceed and respond and would it be advisable to refer the solicitor to
The discrimination Act of 1992 Section 54A of that Act
Also like to add that this particular owner had advised us they have had 3 birds over several years and has never applied for permission for any. The owner was also asked if the Bird should die tomorrow would it be replaced … The owner advised no I would not get another one…..
Any advise and help would be greatly appreciated.
Strata Newbie