#28512
Jimmy-T
Keymaster

    @bangles said:
    They have advised ownership of the dog, and that if we don’t stop “bullying” them with continual letters from SM they will be taking the matter to NCAT.

    Just to be clear – I am pro-pet when it comes to strata.  I am also pro by-laws, so this is what I think …

    1. They consulted 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.

    So they brought the dog into a scheme knowing it has a “no pets” by-law?  Their beef is with their solicitor for giving them bad advice.

    2. They keep the animal confined inside their unit and always carry the dog when transporting from unit, across CP to any public area.

    Irrelevant.  The by-law says “no pets” not “pets must be carried”.

    3. They always take and use plastic bags to remove animal waste from CP grassed areas.

    So they let their dog crap on common property?  Nice!

    4. To date there have been no complaints about barking.

    See response to point 2. 

    5. Dog has been a family pet for many years and because there are no friends/family that can take the dog it would have to be put down which would be cruel.

    They should have thought of that when they decided to buy an apartment in a scheme that they knew had a ‘no pets’ by-law.  

    After talking to several different SPs we have been told they will probably get a NCAT decision to allow them to keep the dog, but include something like a sunset clause advising they cant replace the dog if it dies (its not an old dog). Is this really the likely outcome?  What’s the use of by-laws if this is true.  

    I don’t know if it is true, especially in a case where someone has knowingly decided to defy the by-laws before they moved in, then openly lied when they were challenged.

    I don’t know how much difference this makes but I think your mistake was to send letters rather than official Notices To Comply followed by action to impose fines.

    And that would be my next step.  Much as I think pets in strata are generally a good thing, I respect the rights of people who don’t want to be around them and have no truck with people who decide the by-laws won’t apply to them.

    The only appropriate way to respond to threats is to say “bring it on”.  I would be sending the first Notice To Comply at the earliest opportunity.

    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.