#20762
Whale
Flatchatter

    I’m sorry Wirihana, but my physic powers were unable to predict the snippets of additional and highly relevant information that your posts continue to reveal; perhaps my response to your first post should have been “why do you ask?”Wink.

    The Notice that you’ve received states that you must comply with the By-Law so your next step is to do that, not by removing your dog but by again advising the Owners Corporation (O/C) that you’re keeping the dog on your lot, by including a copy of your original advice to the Strata Manager (or at least a reference to it if verbal), that you will comply with all provisions of the By-Law, and that you indemnify the O/C and other Owners as required.

    It’s a well accepted principle that a Plan’s (Special) By-Laws cannot be harsh or oppressive, and that any relating to the keeping of animals cannot unreasonably withhold consent.

    The latter expectation is reinforced by the former Fair Trading Minister’s statement, made in the context of the Strata Schemes Management Bill that’s currently before NSW Parliament, that (the Bill) would “…..bring some fairness back to strata living for pet owners and end the situation where they have to choose between giving up on their new homes or having a much-loved companion animal given away or put to sleep.”

    Clearly the Government, and therefore its Agencies, has a predisposition to strata residents being able to keep their animals subject to conditions, so despite your dog’s long legs it’s in my opinion highly unlikely that any attempt by your O/C to “evict” it or your neighbour’s dog would be upheld by the NSW Civil and Administrative Tribunal (NCAT).

    So just respond to the Notice as required, in the suggested terms, and politely suggest that your O/C takes account of the facts that you did previously advise the Strata Manager, of the established principles outlined here, that your occupancy is casual, and that you are prepared to take the matter to the NCAT if in your opinion the O/C acts unreasonably .

    Al that said… I now just hope that you’re in NSW!