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I live in a complex of 83 villas in NSW. One of our by-laws is a no pet policy. A villa owner is reqesting to keep a dog. They have asked for mediation on the grounds our by-law is harsh, oppressive and unconscionable by-law creating a blanket prohibition on the keeping of pets without any option to enable consideration of individual facts and circumstances.
The committee thinks it is a waste of time going to mediation due to the fact the committee will not allow the dog and the owner clearly wants the dog, so no backing down., and Fair Trading have told us we do not have to have mediation. The majority of owners in this village do not want dogs, period, and we have signatures to that effect.
The next step will be the tribunal. I am wondering if there are any cases where the no pet policy is allowed to continue, or has the tribunal overruled and allowed pets in villages where they are clearly not wanted.
My other question is, if this person wins the case, can they ask the owner’s corporation to pay costs.
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