Dangerous dog in a duplex

There has been many posts on “pets in strata”. But this is one that may be instructive and worthy of a mention.

I am a lot owner in a duplex strata scheme consisting of two storeys. I am on the ground floor.  The other lot is above me and is tenanted out.

New tenants recently came into the strata scheme.

I watched with interest as an unsightly brush fence was placed around the balcony and secured onto the balustrades thus obscuring the view onto the balcony.  I then saw the tenants with an unrestrained dog running around the common property.  On enquiry, the tenants told me the dog was a Staffordshire Bull Terrier puppy.  This created some concern for me as I knew Staffordshire Bull Terriers did not have the best of press.

It transpired that the landlord had allowed them to bring the dog into the strata scheme without obtaining OC permission. The landlord on my successful application, has a CTTT order against him and the relationship between us is not harmonious to say the least.  As the tenants were friends of the landlord and not wanting to get them offside, I decided not to make an issue.

However, things went from bad to worse!  I was told that the balcony was the toilet area for the dog.  No paper or training pads were used.  The dog used the bare concrete floor as the toilet.  The cleaning method was to use a high pressure water cleaner on the balcony.  Unfortunately for me, dirty brown water and spray came onto my balcony, my furniture and all over my pot plants.  As a result, my herb collection was unusable. On my complaint I was told; “it is not our fault the wind changed!”  This rendered me speechless for a moment, but because of the fact I had just come home from hospital after a major operation, once again I did not make an issue and taking doctor’s orders, went back to bed.  When strength allowed, I then washed my balcony down with disinfectant.

This situation continued and in the meantime, the dog grew considerably larger than the Staffordshire breed.  In fact it became apparent this was not a Staffordshire at all, but an American Pit Bull Terrier, one with an even greater bad press and one that is a restricted dog in NSW! 

One day, relaxing on my balcony I was astonished to see a considerable amount of pale yellow liquid pouring onto my balcony forming a large puddle. My own dog, a little white fluffy that I had received OC permission for, displayed a keen interest in this new phenomenon.  On investigation I found it was urine of the doggy sort!

I then decided to make a firm complaint to the tenants.  It became apparent that the dog had learned to lift it’s leg and the balustrades were the preferred choice and of course, once again it came onto me.  This went on for several months until the tenants left.  To give the tenants their due, after my complaints, they regularly cleaned my balcony with disinfectant and detergent. 

Unfortunately this gave rise to a further problem. All the disinfectant and detergent washed onto the common property lawn below killing the grass. 

Through all this time I stoically persevered with gritted teeth.

I am of the view that Schedule 1 By-Law No. 16, “Keeping of Animals” is too generalized and should be more specific. The size and breed of a dog should be regulated, together with the requirement that an animal is not kept on common property and that the owner keeps the animal hygienically and cleans up after the animal.  This is particularly relevant to two unit schemes where it would be difficult to get a consensus.

Owners should not have to go through the difficult process and expense of trying to get a by-law passed to cover the situation I faced.