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  • #8718
    Jimmy-T
    Keymaster

      A court decision allowing a “hearing assistance” dog to stay in a pet-free apartment building could lead to the strata equivalent of the disabled parking permit rort, says a leading strata lawyer.
      Beverley Hoskinson-Green, a partner at lawyers Makinson d’Apice, said the case was a “road map for anyone wishing to get around legitimate by-laws banning pets from strata schemes.”
      Larry the Jack Russell was last week given court approval to live in a pet-free Pyrmont building after his owner successfully argued that he was a hearing assistance dog, trained to alert him when there was someone at the door or when a fire alarm had gone off.
      Under NSW strata laws, ‘no-pet’ by-laws can’t exclude assistance animals, including guide dogs and hearing dogs. But Beverley Hoskinson-Green is concerned that other dog owners will use this legal loophole to get their pets into buildings where they are clearly not welcome.
      “All you need to do is take a hearing test which is entirely subjective – if you don’t want to hear the noise, you don’t press the button – and suddenly you have a hearing impairment,” she says. “You then train your dog to bark at the source of any noise and, once you do that, your dog is a ‘hearing dog’ and can remain in the strata scheme”.
      However, Ms Hoskinson-Green stressed “that was not the case with Larry’s owner who presented long-standing audiometry reports demonstrating hearing impairment”.
      Strata lawyer Suzie Broome, also of Makinson & d’Apice who ran the case on behalf of the Owners Corporation of the apartment block, explained the by-law banning pets was on the books before Larry’s owners brought him into the building.
      “The woman then made application to the Consumer, Trader and Tenancy Tribunal for an Adjudicator’s order that she be allowed to keep her pet,” says Ms Hoskinson-Green. “She withdrew her application before it was considered but soon after the Owners Corporation received a notice that [her husband] had a hearing impairment and that Larry the dog had been trained as a hearing dog.”
      The owners corporation successfully applied to the CTTT – which adjudicates on strata disputes – for orders that the dog be removed from the strata scheme. However, an appeal tribunal later acceptedthat Larry was a bona fide assistance dog and reversed the decision, saying the owners corp had failed to prove Larry wasn’t a hearing dog.
      The husband, a building inspector, said his hearing has been damaged by years of working in the construction industry. Furthermore, Larry had been certified by the City of Sydney Council as an assistance dog, meaning he was allowed on public transport and into shopping centres.
      Suzie Broome said she found it “bizarre” that a dog trained to run away from the hearing impaired person and bark at the noise, could perform the function of a hearing assistance dog. “Larry was not trained to go to the hearing impaired person and tap or “paw” that person to attract their attention – quite the reverse,” she said
      However, District Court judge Philip Taylor disagreed and found that Larry satisfied the definition of a “dog used as a hearing dog” and upheld the CTTT’s decision.
      Ms Broome told Fairfax that, regardless of the facts related to Larry’s case, the definition of “hearing dog” was too loose.
      “To me, if a dog hears someone at the door and runs to you, it’s a hearing dog,” she explained. “But if it hears someone outside and runs barking to the door, it’s just a pet.”
      Ms Hoskinson-Green has good reason to fear an epidemic of claimed disability related to attempts to keep dogs in pet-free buildings. She was involved in a similar case when a dog was removed from a “no animals” strata scheme in Cape Cabarita.
      “In that case, the dog’s owner had a doctor’s certificate that the dog assisted in relieving the symptoms of a head injury sustained some time previously,” she told Flat Chat. “However, there was other evidence that the dog’s owner went to work, did the shopping, played tennis and went to the gym – all without the dog.
      “The CTTT Adjudicator concluded that the dog was not an assistance dog as contended and required the animal to be removed from the strata scheme.”
      Ms Hoskinson said she is a dog owner and supports current moves to make it easier for strata residents to have pets. “While there is a developing movement for the rights of owners to keep their pets in strata schemes (and I’m very much in favour of that), there are circumstances where owners simply do not want to have animals in their strata scheme.
      “In the Cape Cabarita case, there were at least two owners who had suffered injury from dog attacks as children which had left them traumatised. In both cases they had carefully checked the by-laws before they purchased their apartments to ensure that the building was “dog free”.

      “Strata schemes are really the ultimate democracy and I’m a great believer in abiding by the will of the majority,” she says.

      Suzie Broome adds that the irony of training a dog to bark so it could stay in a strata scheme – where the most common complaint about dogs is their barking – wasn’t lost on her, her colleagues or owners.

      Hearing dogs are a genuine and valuable help to their owners but they are usually trained to alert them by tapping them with their paw when they hear a noise. Some assistance dogs are even trained to knock the phone off the hook, triggering an automatic emergency services call, if their owner collapses.
      Lions Hearing Dogs Australia – a charity that trains and provides hearing assistance dogs – recruit their dogs from rescue kennels and it takes six to eight months to train them. One dog highlighted on their website could tell when its owner was about to have an epileptic seizure, 20 minutes before it occurred.
      Hearing Dogs Australia decides which dog goes into which home – the hearing impaired person doesn’t get to choose the dog. You can find out more about Lions Hearing Dogs on their website.
      And you can find dozens of stories about the problems of pets in strata here on the Flat Chat Forum.

      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.
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    • #18874
      sealion
      Flatchatter

        The Disability Discrimination Act 1992 (DDA) was an act passed by the Parliament of Australia in 1992 to promote the rights of people with disabilities in certain areas such as housing, education and provision of goods and services. Guide dogs, hearing dogs, companion animals and other other assistance animals should be welcome in all Body Corporates and Strata Schemes. Tenants living in Body Corporate properties are entitled to maintain therapeutic animals as sanctioned under Section 9 of the Disability Discrimination Act 1992 covering guide dogs, hearing assistance dogs, and other trained animals, providing documentation indicating the need for such assistance and the training/qualification of the individual assistance animal can be provided. This has been tested in Queensland. I personally have a companion animal for my depression and I live in NSW. I am awaiting testing of this Act in NSW based on my doctor’s prescription that the animal is contributing to my health and well-being.


        @JimmyT
        said:
        A court decision allowing a “hearing assistance” dog to stay in a pet-free apartment building could lead to the strata equivalent of the disabled parking permit rort, says a leading strata lawyer.
        Beverley Hoskinson-Green, a partner at lawyers Makinson d’Apice, said the case was a “road map for anyone wishing to get around legitimate by-laws banning pets from strata schemes.”

        #18875
        Jimmy-T
        Keymaster
        Chat-starter

          As you will discover elsewhere on this site (and just in last week’sFlat Chat column, HERE) – we support pets in apartments generally and the concept of assistance animals too – including those that provide therapeutic emotional support.

          This story is highlighting the very loose interpretation of the definition of an assistance dog and how that could be abused in the same way people managed to get disability stickers and used them to give themselves free parking, thereby undermining the whole system to the detriment of people with genuine disabilities. 

          The guidelines need to be clearer so that people with genuine issues that are alleviated by companion animals can keep them, even in otherwise ‘pet-free’ buildings.  Right now, the system is open to abuse and that is likely to harm genuine sufferers in the long run.

          I wonder, however, what will happen when a bona fide assistance animal puts its owner in breach of other by-laws relating to noise and nuisance.

          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.
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