#15318
Whale
Flatchatter

    I assume that you have a consent from your Owners Corporation (O/C) to keep the dog on your Lot; yes?

    You need to obtain (from the Strata Manager) a list of the By-Laws that have been Registered for your Plan, and IF they’re the Model By-Laws contained in Schedule 2 of the NSW Strata Schemes Management Regulation (2010), there will be Items covering Noise, and the Behaviour of Occupants.

    That being the case, you need to speak with your Plan’s Executive Committee (EC) about them convening a Meeting, where they can Resolve to issue the tenant with a Notice to Comply for each of the By-Laws that have been breached. 

    The issuing of these Notices is usually delegated to the Strata Manager (SM), so your EC can instruct him to prepare and issue those Notices and to provide copies to the Landlord /Owner; remember that the SM works for you, so he must “get involved”.

    Landlords / Owners have a responsibility to ensure that tenants comply with the By-Laws, and compliance is also a Condition on Tenancy Agreements, so these, together with the issue of the Notices should see an improvement in the situation.

    BUT… if the tenant again causes a disturbance in breach of those Notices, then the Landlord / Owner can commence proceedings against the tenant in the Tenancy Division of the NSW Consumer, Trader, and Tenancy Tribunal (CTTT) where the Lease may be terminated, and/or your O/C can commences proceedings in the Strata Division of the CTTT where Orders and Penalties may be imposed.

    There’s a strict process to be followed with the O/C’s Application to the CTTT, and your Strata Manager should know what that is, and follow it.