#29010
Lady Penelope
Strataguru

    Most animal by-laws in QLD are permissive by-laws and they allow the keeping of animals with prior approval, usually by the Committee.

    If conditions for keeping the animal are not written in the by-law, the committee can impose conditions at their discretion when giving approval to keep an animal in a lot.

    With a permissive by-law the Committee cannot unreasonably refuse a request by a person asking for an animal.

    If the by-law is permissive and a Flying Minute has been send and not voted on in a timely manner then, if I was in your position, I would bring the animal onto the Lot. Part of my reason for doing so would be that the Committee must  at all times act reasonably. An excessive delay is not reasonable, particularly if your pet is being housed elsewhere while the Committee are voting on the issue.

    There are many other reasons for bringing your animal on to your Lot while the Committee are dragging their heels …… You could claim that you had no other option under the circumstances than to bring your animal onto your Lot as: (1)  the animal was being unduly distressed by the excessive delay and/or (2) it was costing you a lot of money housing the animal at a kennel or a cattery over the peak holiday season, or (3) the person that you had temporarily housed your animal with can no longer look after the animal due to the extended delay in the Committee’s decision making…. etc.

    If the Committee eventually votes No and you already have your animal on site then the Committee may decide to take the matter to the Tribunal – but, under the circumstances, they will probably lose.

    I am assuming that your animal by-laws are permissive because had they been prohibitive you would not be applying to the Committee and obtaining approval via a VOC. Instead you would be seeking to re-write the animal by-law via a motion at a the next general meeting.