› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Pets banned mid-purchase › Current Page
Billen Ben has made some excellent points.
We believe that by-law 17 Option B in the new 2010 model by-laws is a good by-law, that can be enforced within schemes –
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.
An owners corporation can modify this by-law to include provisions in respect of behaviour of pets and their enforcement policy for troublesome pets. However, it would be unreasonable to include provisions such as “no barking allowed” or “if your dog barks then it will be removed”.
Simone Balsara
Lawyer
TEYS Lawyers, The Strata Law Experts
02 9562 6500 – 1300 TEYSLAWYERS Suite 73, Lower Deck, Jones Bay Wharf 26-32 Pirrama Rd, Pyrmont NSW 2009
|