#28513
Cosmo
Flatchatter

    I basically agree with everything Jimmy says. Especially getting the Notice to Comply out asap.

    What I find interesting and in your favour is that: “After firstly responding dog belonged to a visitor and was only there once”  They later changed their story to “They consulted a Solicitor during process of purchasing unit who provided them information that new rules would permit them to keep an animal. As such they took all reasonable steps to ensure they complied”

    You should get evidence as to their statement re the dog being a visitor’s, that could be a statement from the person they verbally advised.

    It would also be interesting to see what evidence they have of this solicitor’s advice.  My guess is it won’t be in writing at least not in the purchase documents.  What were the “all reasonable steps” they took and what were they attempting to comply with?  To my knowledge a solicitor’s purchase investigations include obtaining a copy of the by laws of your strata from the Land and Property Office, so it would be a big over sight to have gotten a copy and not see there was a problem.

    They also said “To date there have been no complaints about barking.”, however you state ” many complaints received by SC”. What was the nature of these complaints? If the matter goes to NCAT the strata needs to get as many complaints (both made before and recently) as to any nuisance caused by the presence of the dog. 

    My experience with tribunals is that many participants front up without documents or evidence supporting what they want the tribunal to accept as facts.  If the strata is hesitant to go to NCAT try presenting the documents/evidence you gather to the owner and ask them to address each one.