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We live in a 2 apartment strata building, the 4 of us are the OC. Our new neighbours have a dog and want to leave it to wander the pool area when they are out during the day.
We have explained that I use the pool daily and the area is not suitable. It’s indoors mainly with an area of greenery along one side that the dog can’t jump up to as it’s too high. Also, I just don’t want a dog there – who knows where it will pee! We have tried to offer an option down the side of the building but neighbour says it’s too exposed.
She said, “ You knew we had a dog.”
Are we within our rights to keep insisting they find an alternate solution and can we deny the dog free access to the pool area?Obviously we don’t want this to get nasty, they have just moved in (after an 18 month renovation when we were very accommodating to the noise and disruption (they lived off site).
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Are we within our rights to keep insisting they find an alternate solution and can we deny the dog free access to the pool area?
What does it say in the by-laws? Many buildings have a by-law that says pets are not allowed to wander on common property unattended. If you don’t have one, you might have trouble getting one if they have 25 per cent of the vote.
As for “You knew we had a dog” the only possible answer is “Yes, but we didn’t know you were selfish, entitled sh**s.”
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 proves yet again my long-held mantra – there is no such thing as a bad dog, there are simply bad owners that sadly haven’t a clue. I feel sorry for this dog more than anything – what kind of owner would leave their dog roaming common areas during the day? I am disgusted. Speechless.
Sorry I get very upset when I read about such awful dog owners.
(disclaimer: I am a dog owner, dog lover, dog whisperer (maybe) and consider myself totally responsible for my dog’s actions)
I’m ASSUMING they cannot just use their larger percentage to vote for a benefit for themselves.
Why would you assume that? Decisions made by committees and at general meetings can be challenged at NCAT, or even in court if they are seen to disadvantage a minority of owners. But there’s no law specifically against it.
But there’s certainly nothing about pets being allowed on common property.
The key is if there’s nothing saying they can’t. Your fall-back is the part of strata law that deals with dogs that have permission but turn out to be a nuisance. Oh, and make sure your lawyer is a strata expert otherwise they may be no more clued-up on this stuff than you are.
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.
I would like a clarification from anyone: assuming there is a by law forbidding pets from the common property without their owner or someone in control of the pets, is it correct to say that an OC may but is not obliged to enforce a by law?
I ask because if an OC is not obliged to enforce it, what use is it?
I ask because if an OC is not obliged to enforce it, what use is it?
We have had this argument time and again on this forum and as far as I am concerned, the owners corporation, through its committee and/or strata manager, has a duty to enforce its by-laws.
According to Fair Trading Minister Victor Dominello, his Second Reading of the Act made that clear, back in 2015.
That’s not to say that there is a compulsion to proactively police observance of the by-laws, but when there is a complaint about an evident breach, they are obliged to act.
When they decline to do so, owners or tenants can apply to the Tribunal under Section 232 (2) of the Act, “Failure to exercise a function”. That section of the act says that if you make a complaint and they don’t respond within two months, or if they say they don’t intend to do anything, you can seek orders from NCAT, compelling them to do something about the problem – in this case a by-law breach.
We have had committee chairs on here several times saying that if they were compelled to pursue every by-law breach, they would give up. Our response has always been, if you have by-laws on your books that you aren’t prepared to enforce, then they shouldn’t be there.
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.
The committee is obliged to at least investigate a potential by-law breach as part of the job they volunteered to do, and to do so in a timely manner. In Qld, and I think I’ve got this right, you should write it up as an actionable motion for them to investigate then vote yes or no to your motion regarding the pooche at their next planned meeting, or flying minute if one is not planned for the next while. Refer to their duty to know the legislation in your introduction and quote that which you feeling they are not doing. Failure on the committee side to act within I think 6 weeks will be taken as a No vote and the motion would fail – which you would then take it to the Commissioner’s Office and it’s pretty likely they will be overruled as being unreasonable. That’s a long-winded process though but if it comes to that so be it.
Failure on the committee side to act within I think 6 weeks will be taken as a No vote and the motion would fail – which you would then take it to the Commissioner’s Office and it’s pretty likely they will be overruled as being unreasonable.
In NSW it’s two months, then mediation, then NCAT – possibly even a longer time to get a result.
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.
If there is a by-law and it has been breached, any owner (or tenant, for that matter) can take action at Fair Trading then NCAT to have the by-law enforced. And the best part of this is if the majority on the committee – the other couple – choose to defend it and lose, they will end up wearing the costs of doing so.
Perhaps getting someone to explain the facts of strata life to them might obviate a lot of hassle and ill-feeling.
But first, what do your by-laws say?
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.
That poor dog, that is really cruel. Whether or not there is a kennel, being in an area with no shade is dangerous in hot weather. Perhaps these people shouldn’t have a dog.
If the committee write to the owner within the first 6 weeks telling them they need more time, why they need more time to decide and set the date when the decision is to be made (that cannot be later than another 6 weeks), that could mean 12 week period from the date you submitted the motion.
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