Strata Law in South Australia was updated last year and it’s probably fair to say that how it all plays out is yet to be seen.
THIS FACTSHEET from the SA government law handbook explains the dispute process which is quite simple – you can sort it out in the strata scheme, you can go to mediation (to get a non-legally binding agreement) or you can take it to a Magistrate’s Court.
Interestingly, among the things the court can do is “deal with disputes where an occupier of a unit claims to have been prejudiced by the wrongful act or default of the strata corporation” and where “a member of a strata corporation [an owner] claims that a decision of the strata corporation … is unreasonable, oppressive or unjust.”
Among its many options, the court has the power to
- order a party do something;
- order that a party refrain from any action, or stop doing something;
- decide on the validity of an article [by-law];
- decide on the validity of a decision of the corporation;
- order that the articles of association [by-laws] be altered;
- reverse or vary any decision of the corporation or management committee;
- award money as damages or compensation;
So, as DaveB suggests, you could do nothing and let them make the next move. My recommendation would be to go to mediation where you would offer not to replace one of your dogs when it expires (as doggies do) but continue to keep it under what has become accepted practice in your scheme.
If they insiost on pursuing it, I think you have a reasonab;e chance that a magistrate would see this for what it is and your owners corp would have to be mindful of the consequences of being over-ruled in this way.