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Hi all,
I own a unit in a small block of eight and we have the By-Laws that allow a pet with approval of the OC, and that that approval cannot be unreasonably denied. I asked my neighbour who was the secretary at the time about whether getting a dog was possible. By the end of the day she had spoken to our Strata Manager who said that I could be given permission via the Executive Committee. I subsequently received written approval that stated it was via given the Executive Committee subject to the By-Law xx, and it listed conditions (no disruption to others enjoyment of their lot, carry the dog through common areas, clean up any mess immediately, also a SMALL dog).
A lawyer for a neighbour who has other grievances with the OC stated in a letter as an example of the OC running things badly, that I had not gone through the proper channels. I nearly had a nervous breakdown, yet was assured it was okay.
I read yesterday on the Fair Trading site this, in the FAQ section in reply to “Can I get a dog?”:
With the right By-Law, yes – and the EC can give this approval.
Is this right? I got my dog after receiving my approval and have a receipt to prove this. I also have engaged a trainer, use a dog walker, and check in with all my neighbours regarding noise when I am out, and they all assure me they don't hear a peep. This, of course, excludes asking the neighbour with lawyer, who is unapproachable, and entertains a flock of pigeons in her bathroom (but that's another topic!!)
Thanks for any guidance.
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It sounds as if you have done all that was required (and considerably more than most). You have written permission under the terms of the by-laws and it also sounds like you are an extremely considerate neighbour so you and your dog are fine.
It's a sad fact of strata life that there will always be someone who starts flailing accusing everyone else of all sorts of stuff when they can't get their way.
Some lawyers will nitpick and analyse fine print to the Nth degree, because that's what they're paid to do. It makes no difference to you whatsoever and they ought to be ashamed of themselves for casually causing you this distress.
Ignore this and be thankful you aren't on the EC and having to deal with Pigeon Lady on a daily basis.
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.
This is a good example of an owner who has taken the right channels in obtaining approval under the strata schemes by-laws.
When seeking approval to keep your pet under the model by-law in schedule 1 of the Strata Schemes Management Act 1996, ensure that you provide the owners corporation with all relevant information with regard to your pet, such as –
– Type of animal, age, weight and height;
– Whether the animal is desexed, micro chipped and vaccinated;
– Whether the animal is house trained;
– Description of behaviour and temperament of the animal;
– Proposal of how you will transport the animal to and from common property areas; and
– Whether the animal are registered with the local authority.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.auDear Pet Owners
We recently came across this link about a UWS Professor who is doing research on dogs in apartments which may be of interest to you –Kind regards,
Simone Balsara
Lawyer
———————————-
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.au
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