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Hello everyone,
I recently bought into a strata building in the Inner West with just over a dozen units. The by-laws states that pets are allowed on request and that the permission cannot be unreasonably denied (model by-law, option A). However, there has been never an 'approved' pet in the building as the OC has a 'no pets policy'. I am aware (through neighbour's gossip) that in the past, a owners managed to keep a cat illegally, that is, without seeking the OC's permission. This person are no longer living there.
Does anyone knows what is the CTTT position on this 'no pets policy'?
Note: the no pets policy is not written anywhere, there is no signs and just recently, the OC has been stating this in the minutes, saying that it wishes to change the by-laws etc. As it stands now, It is just a policy adopted the the OC for quite a few years. There are no pets in the complex.
Cheers
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The difference between a by-law and a 'policy' is that the by-law has considerable legal standing and the unwritten policy has none.
If the owners are thinking of changing the by-laws – and they will need 75 percent of owners to vote in favour to do that – you need to move quickly to get your cat into the building.
The EC saying they are thinking of changing the by-laws is not grounds for refusal. It's speculative and they might not garner enough votes to do so in any case – the can't preempt a decision by the Owners Corporation.
The CTTT will look at the by-laws as they stand in the first instance but they are unpredictable when it comes to interpretation – members have been instructed over the years not to interpret by-laws but every so often one of them decides he or she has the wisdom of Solomon and the law books get thrown out of the window. What I'm saying is, right now you are in a strong position but there are no guarantees.
If I were you I'd gather together all the evidence you need to show that the cat you plan to move into the building couldn't possibly be a nuisance to anyone – and even if it were, it would be covered by other by-laws relating to noise, damage and nuisance – and make your request.
If they really are planning to ban pets, be prepared for a battle but right now, on the face of it, you will probably win.
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.
Johnson v Owners Corporation [2003] NSWCTTT 74 (16 January 2003) – An owner was unreasonably refused consent to keep a cat on the premises. The CTTT allowed the owner to keep the cat in their lot and found that there was no by-law in place that prohibited animals in the complex. The owners corporation could have sought to amend the existing by-law and this had not been done. The CTTT found “precedent” concerns are not valid, nor is it appropriate for the owners corporation to have a “policy” which it seeks to arbitrarily apply in every instance.
https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/sch1.html
Simone Balsara
TEYS Lawyers, The Strata Law Experts
02 9562 6500 – 1300 TEYSLAWYERS
Suite 73, Lower Deck, Jones Bay Wharf
26-32 Pirrama Rd, Pyrmont NSW 2009
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