JimmyT said:
…… – if you get a pet in breach of what appears to be the by-laws, be prepared for some heartbreak if it turns out that those by-laws apply.
Absolutely right…. and the big grey areas are
- will the Owners Corporation try to apply them,
- can the Owners Corporation be egalitarian in there management
- will CTTT actually apply them.
The whole thing is a circus that leaves owners with little clarity as to what to expect and the real kicker is that by-laws can change.
I do not think the range of choices of by-laws is too big an issue as it is a decision at registration time and then the owners can amend them in the future to better suit their needs.
For the benefit of the readers try this real life case; SCS 02/29788. An adjudication where an elderly EC member ignored the keeping of animals bylaw and got a dog.
The adjudicator allowed the dog to stay and suggested the Owners Corporation amend its prohibitive by-law.
The prohibitive by-law in that case was worthless.
For something a little fresher try SCS 10/40772: Tang v Owners Corporation SP 71379 (Strata and Community Schemes) [2011] NSWCTTT 160 (19 April 2011) CONSUMER, TRADER & TENANCY TRIBUNAL
The adjudicator decision was overturned on appeal and the dogs were allowed to stay. Still
I completely agree with the comments found elsewhere in the forum that it is not the pets by-laws that need to be strong; what needs to be strong is the by-law to deal with unruly, noisy or troublesome pets and their owners.