› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › When one owner out of four has dog phobia › Current Page
There is another way to approach this. While a dog can be allowed under your by-laws, a dog that has been allowed can be removed under section 151 of the current Act (see below). So the dog-phobic doesn’t need to feel this is set in concrete – it can be changed if the dog proves to be a nuisance.
Also, you can agree to certain conditions under which, if they are breached, the permission will be rescinded.
This would include all of the things you have mentioned including, perhaps, texting the other owner to let them know that you are about to move through common property with the dog so that they can stay indoors (or ask you to do so) to avoid any accidental encounters.
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.