Simone said:
Hi Lyn,
………….. If an amended by-law to prohibit any animals has been passed, you may be able to revoke the amendment under s157 of the Strata Schemes Management Act on the basis that it is unreasonable and oppressive. There is also High Court authority, which questions the validity of by-laws that are prohibitory rather than regulatory. …………….
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500
Is it possible to supply a link to the case or cite the case.
In 2002 an adjudicator suggested our SP change our by-law after the OC pursued a 70 year old woman who lived on her own on her 2 acre lot when that little old lady got a fox terrier. The little old lady got to keep her dog but the OC rejected the suggestion. In 2008 another adjudicator refused to repeal the same by-law and currently there is another round of dog wars going on.
My SP has a prohibitory by-law and the anti-dog element are constantly harassing people. They aren't shy either, young, old, people with disabilities, they don't care who they go after. The by-law continually turns the SP into a war zone.
This is the by-law below and what needs to be kept in mind is that this by-law applies in an 800 acre, rural, SP which has 115 lots that are roughly 2 acres each. The by-law is bizarre in such a setting.
Clause 13 Keeping of animals
The owners or occupiers of a lot shall be entitled to keep any animal upon their lot provided that:
(a) No dogs or cats shall be allowed upon any lot or the common property other than existing animals already duly approved as at 7/6/92.These animals may not be replaced.
(b) his or her animal is adequately restrained to prevent that animal entering or encroaching upon common property or any other lot, and
(c) no cat shall be allowed onto any lot or the common property unless it has been de-sexed, and
(d) the keeping of such animal is not otherwise prohibited by law.