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  • #11779
    apartment_living
    Flatchatter

      I find myself in a situation where we have to move out of our rental house, and move into the apartment I’ve owned since 2013.

      The body corp passed a by-law in 2009 to stop all pet ownership (except fish!)

      The dog is medium sized and not young – 12 years old. I have a child on the autism spectrum who would be devastated if we had to rehouse our dog.

      Is there any way I can make a request to have the dog allowed to live in the unit with us for the last few years of his life?

      It seems a reasonable request, after all it’s my own property.

      Thanks for any advice. We have until November to move.

    Viewing 15 replies - 1 through 15 (of 15 total)
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    • #30011
      Jimmy-T
      Keymaster

        Given the time that you have, the simplest answer may be to have the dog registered as an “assistance” animal for your son.  Now, when I say “simplest” I have no idea how difficult that might be but if you can achieve it, the Owners Corp can’t refuse your dog.

        Have a look here – and then take it up with your local council.

        By the way, saying “it’s my own property” is not going to get you the approval and support you might need.  When we choose to live in strata we give up some of our individual rights as home owners so as to enjoy the collective benefits.  If you don’t like the by-laws, you get involved and persuade other owners to change them.

        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.
        #30012
        apartment_living
        Flatchatter
        Chat-starter

          @JimmyT said:
          Given the time that you have, the simplest answer may be to have the dog registered as an “assistance” animal for your son.  Now, when I say “simplest” I have no idea how difficult that might be but if you can achieve it, the Owners Corp can’t refuse your dog.

          Have a look here – and then take it up with your local council.  

          Thanks very much for the suggestion. Do we need to go to those lengths, or can I apply on reasonable grounds, with a doctor’s letter?

          #30013
          Jimmy-T
          Keymaster

            @apartment_living said:

            Thanks very much for the suggestion. Do we need to go to those lengths, or can I apply on reasonable grounds, with a doctor’s letter?  

            When you say “go to those lengths …” it make me wonder whether this is as big a deal as you say. It also makes me wonder if you should be moving into an apartment at all – certainly one in this specific block.

            If you just turn up with just a doctor’s note, you will be opening yourself up for a long an bitter dispute with your neighbours (which you will probably lose). The fact that this could be avoided with a little effort on your part seems not to concern you.

            How about just trying to do the right thing?  See my previous comment about “after all it’s my property”.

            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.
            #30014
            apartment_living
            Flatchatter
            Chat-starter

              @JimmyT said:

              When you say “go to those lengths …” it make me wonder whether this is as big a deal as you say. It also makes me wonder if you should be moving into an apartment at all – certainly one in this specific block.

              If you just turn up with just a doctor’s note, you will be opening yourself up for a long an bitter dispute with your neighbours (which you will probably lose). The fact that this could be avoided with a little effort on your part seems not to concern you.

              How about just trying to do the right thing?  See my previous comment about “after all it’s my property”.  

              I am willing to do that, but am wondering if “a little effort” is enough, or if it’s a difficult thing to have a dog registered as an assistance dog. I have no experience of the process

              It is a big deal for the emotional stability of my child.

              Thanks for the links, I will make enquiries.

              Yes, I want to do the right thing of course.

              #30015
              Jimmy-T
              Keymaster

                As I said, I’m not sure how easy or difficult this is, and it may vary from council to council.

                But if you go in with an attitude of wanting to abide by the rules while doing the best for your family, you will get a more sympathetic response from your future neighbours.

                Starting from the point of view of “I don’t like your by-laws, I’ll do as I want” will make you an enemy of your neighbours before you’ve even set foot in the door – and probably won’t get you the result you desire.

                Google the phrase “assistance dog NSW” and that will open up a whole world of possibilities for you.

                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.
                #30018
                Lady Penelope
                Strataguru

                  apartment-living: Are you able to include on this forum the full transcript of the Pet By-Law for your building? 

                  It is often the case that Lot owners perceive the by-law regarding pets to be a prohibitive by-law (a blanket prohibition) when in fact it is merely restrictive. The actual wording of the by-law will indicate this. 

                  #30061
                  apartment_living
                  Flatchatter
                  Chat-starter

                    @Lady Penelope said:
                    apartment-living: Are you able to include on this forum the full transcript of the Pet By-Law for your building? 

                    It is often the case that Lot owners perceive the by-law regarding pets to be a prohibitive by-law (a blanket prohibition) when in fact it is merely restrictive. The actual wording of the by-law will indicate this.   

                    Thanks for your reply Lady Penelope,

                    The by-law is this:

                    KEEPING OF ANIMALS

                    Subject to 49(4), an owner or occupier of a lot must not keep an animal (except fish kept in a secure aquarium on the lot) on the lot or common property

                    Is this restrictive or a blanket prohibition? Any wriggle room?

                    Thanks

                    #30062
                    scotlandx
                    Strataguru

                      No wriggle room on that one, it prohibits the keeping of animals other than the legislative exceptions such as assistance animals.

                      #30065
                      apartment_living
                      Flatchatter
                      Chat-starter

                        How does that apply to dogs visiting? I’ve been staying in the apartment (to renovate) in the past, (without our dog), and neighbours have had friends with their digs visiting.

                        #30066
                        excathedra
                        Flatchatter

                          Much would depend on an official definition of “keep” in this context.  How long would it take for a temporarily hosted dog to turn into one that was being kept?  Has the issue been tested in a tribunal whose decision would set a precedent?

                          #30067
                          scotlandx
                          Strataguru

                            Sorry – this is getting silly. The by-law says you can’t keep an animal. You apply the ordinary meaning of the word.

                            If you have an animal residing at the property, either temporarily or permanently, you are breaching the by-law. 

                            Jimmy has given the solution, you can waste a lot of time and effort splitting hairs, and putting the other owners offside. Or you can take the route suggested by Jimmy which, if the situation is as you say, is likely to be successful.

                            #30068
                            apartment_living
                            Flatchatter
                            Chat-starter

                              @scotlandx said:
                              Sorry – this is getting silly. The by-law says you can’t keep an animal. You apply the ordinary meaning of the word.

                              If you have an animal residing at the property, either temporarily or permanently, you are breaching the by-law. 

                              Jimmy has given the solution, you can waste a lot of time and effort splitting hairs, and putting the other owners offside. Or you can take the route suggested by Jimmy which, if the situation is as you say, is likely to be successful.  

                              So the neighbours were breaching the by-law by allowing their friends to bring their dogs over?

                              Not wanting to be silly, wanting to get things clear.

                              Thank you.

                              #30069
                              apartment_living
                              Flatchatter
                              Chat-starter

                                I’ve made enquiries about the process to make our dog my son’s assistance animal. The dog meets all the criteria, and must undergo training and wear a trainee vest for 12 months.

                                The dog must go through a Public Access test after 12 months, and if he passes, he can be accredited and registered with Council as an assistance animal.

                                I don’t know if the owner’s corp would allow a trainee assistance dog?

                                #30070
                                scotlandx
                                Strataguru

                                  Start a dialogue with the OC about your issue and see what they say about a trainee assistance dog.

                                  Visiting dogs is a different matter.

                                  #30075
                                  Jimmy-T
                                  Keymaster

                                    @apartment_living said:

                                    So the neighbours were breaching the by-law by allowing their friends to bring their dogs over? 

                                    Yes. But, as we never tire of saying, there are no StrataKops to come and impound the dog and arrest the residents.

                                    However, if this was a common and/or regular occurance, the committee or strata manager could issue Notices to Comply followed by fines.

                                    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.
                                  Viewing 15 replies - 1 through 15 (of 15 total)
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