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  • #8294
    bexbella
    Flatchatter

      Hi All

      I have a small dog who i currently have in a leased appartment and have had no issues with the real estate, body corporate or any neighbours.

      I’m wondering what the repercussions could be if i took a dog into an appartment which i own without permission?

      Bec

    Viewing 3 replies - 1 through 3 (of 3 total)
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    • #16050
      Jimmy-T
      Keymaster

        It’s good to have a dog that hasn’t been a problem but there are bigger issues to consider before you buy a new home for the both of you.

        When you find an apartment that you like, ask the estate agent if there will be any problem with owning a dog. If they say yes, look elsewhere. But even if they say no, check the building’s by-laws.  The current standard or model pet by-law says you need written permission for a pet but the Owners Corp can’t unreasonably refuse permission.

        However, the building you are looking at may have been established before that came in and, in any case, every strata plan has the option to change its by-laws and they may have changed theirs to ban pets altogether.  If that’s the case, again, look somewhere else.

        If they do have the “not unreasonably refuse” by-law then you need to check if they have ever actually allowed pets before.  If they have, then you should get references from your neighbours and your rental agents to prove your dog is not going to be a problem. If they haven’t, you need to find out if this is because they have actively refused or if they just haven’t had anyone ask the question.

        The other possibility is that they have a by-law that allows pets under certain conditions.  You need to know what those conditions are and if your pooch fulfills them.

        This sounds like a hassle but it’s not rocket surgery.  All you need to know will be contained in the by-laws and the minutes of the EC which should be scrutinised when you get your searches done on a place you like. 

        If you get to the point of making an offer, insist that the solicitor handling the purchase checks that there will be no impediment to having a well-behaved dog in the apartment. We have had a case in this website of a purchaser whose solicitor neglected to tell her that even though the the building had the “not unreasonably refuse” by-law, they were planning to bring in a pet ban, which happened between exchange of contracts and settlement.

        So demand all possible checks but once you get that OK, you are fairly safe to go ahead.

        What you definitely don’t do is go into a building that has a history of banning pets and think that by some legalistic jiggery-pokery, you will be able to get your little pal into the building.  This is a recipe for heartache for you and little Fido (not to mention the people who have decided they don’t want pets as neighbours). 

        There are plenty of apartment blocks around that welcome dogs – don’t buy into a place that hates 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.
        #16074
        Jimmy-T
        Keymaster

          @bexbella said:

          I’m wondering what the repercussions could be if i took a dog into an apartment which i own without permission?

          I’ve just realised I haven’t actually answered this question. What could the repercussions be if they have a by-law banning dogs?  At worst, you would be issued with a notice to comply telling you to remove the dog.  Failure to do so could lead to fines that would probably start off at about $200 but could progressively reach $5500 for non-compliance.

          If the building has the standard by-law that says they may not unreasonably refuse permission for a pet, you still need to check if they have ever actually allowed pets before.

          If they don’t have an anti-pet by-law but have never allowed pets, you could be facing months of going back and forth to the CTTT to prove that their refusal is unreasonable.  This is good for neither your stress levels nor your relations with your neighbours.

          You can find out from the strata manager, the Executive Committee secretary or by reading the minutes of EC meetings whether or not pets have been allowed. 

          If they have, to make your life easier when you do apply for permission, you should try to get references from your current neighbours and your rental agents to show your dog is unlikely to be a problem.

          By the way, some buildings don’t have specific anti-pet by-laws but rigorously enforce their noise and nuisance by-laws because they have the same effect and don’t have the pitfall of giving permission then trying to take it away.

          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.
          #16100
          bexbella
          Flatchatter
          Chat-starter

            Thanks for the guidance JimmyT!

            Hopefully the appartment i like is a puppy friendly palace Wink

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