#24075
Jimmy-T
Keymaster

    Simply having permission to keep an animal doesn’t insulate the pet owner from responsibility.  The Act already awards specific powers to NCAT adjudicators to issue orders in the case of permitted animals that then prove to be a nuisance (Section 151).

    It’s a long and potentially tortuous process, and one with far from guaranteed success.  But letting the owner know that there are subsequent sanctions available to the Owners Corp, may prompt them to take action.

    By the way, only “entire” males spray.  I would be reluctant to approve any cat for an apartment block unless it had been de-sexed.

    This is what section 151 says:

    151   Order relating to animal kept in accordance with by-laws

    (1)  An Adjudicator may make one of the following orders if the Adjudicator considers that an animal kept on a lot or the common property in accordance with the by-laws causes a nuisance or hazard to the owner or an occupier of another lot or unreasonably interferes with the use and enjoyment of another lot or of the common property:

    (a)  an order that the person keeping the animal cause the animal to be removed from the parcel within a specified time, and to be kept away from the parcel,

    (b)  an order that the person keeping the animal take, within a time specified in the order, such action so specified as, in the opinion of the Adjudicator, will terminate the nuisance, hazard or unreasonable interference.

    (2)  An application for an order under this section may be made only by an owners corporation, lessor of a leasehold strata scheme, strata managing agent, an owner, any person having an estate or interest in a lot or an occupier of a lot.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.