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Look to your by-laws. 

This is a good topic for discussion of where a strata plan should have a tailored their “keeping of animals by-law” to cover such incidents. 

You will note that this type of incident is covered under the new 2010 schedule 2 model by-laws in the Strata Schemes Management Regulations – 

17 Keeping of animals

 

Option B

(1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

(3) If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:

(a) notify the owners corporation that the animal is being kept on the lot, and

(b) keep the animal within the lot, and

(c) carry the animal when it is on the common property, and

(d) take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.

Yours Faithfully

Simone Balsara

Lawyer

 

TEYS Lawyers

The Strata Law Experts

02 9562 6500

simone@teyslawyers.com.au

https://www.teyslawyers.com.au