› Flat Chat Strata Forum › Strata Committees › Powers of Executive Committees to give exemption to By Laws › Current Page
Tell them they’re dreaming. The fact that they quote an optional by-law, and one that isn’t even on the statute books yet, shows that they have no idea about the laws that they are threatening you with.
That they also think the EC can overturn by-laws shows that their ignorance of the law is remarkable, even by the low standards in strata generally.
Current by-laws are not affected by the new model by-laws, unless the OC meets and agrees to adopt them (with a 75 percent vote at an AGM). Otherwise they really only apply to new buildings that adopt them as a matter of course (and even then, they can pick and choose)
By-laws can only be changed by a “special resolution” at a general meeting or by the orders of an NCAT adjudicator or Member (which ain’t gonna happen).
The current by-law says no pets and, right or wrong, to make an exemption would be to disadvantage owners who don’t want animals in the building.
They are free to lobby owners to get them to vote at a general meeting but they really need to stop making empty threats based on misinformation. Tell them to stop or you will make all the owners aware of their bullying tactics.
To be clear, you are right and they are wrong on so many fronts.
By the way, if they do push this to a general meeting, make sure you also have an item on the agenda that defines an “assistance animal” as:
An animal that has been trained and accredited by an Approved Organisation as Assistance Animals to alleviate the effects of a disability.
And the owners can provide documents detailing the training undertaken at an facility accredited by an animal training organisation prescribed by Section 9 of the Disability Discrimination Act.
I say this because the latest trick for people who want pets in pet-free buildings is to say they are assistance animals. Not only does this make a mockery of by-laws, it undermines the credibilty of people who really do need assistance animals.
These people moved into the block knowing it didn’t allow pets. If they have changed their minds but the other owners haven’t, then they should be looking to live elsewhere.