› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Current Page
- This topic has 9 replies, 6 voices, and was last updated 12 years, 4 months ago by .
-
CreatorTopic
-
26/09/2012 at 11:38 am #8424
Hello can anyone advise the procedure for removing animals? Has anyone succesfully done this or encountered problems. It appears it could be a lengthy costly drawn out process.
Thanks
-
CreatorTopic
-
AuthorReplies
-
26/09/2012 at 5:46 pm #16629
@Bev29 said:
Hello can anyone advise the procedure for removing animals? Has anyone succesfully done this or encountered problems. It appears it could be a lengthy costly drawn out process.Firstly, what do your by-laws say? Next, is there a proven case of nuisance (noise, weeing on common property, attacking residents)? Finally, is there any suggestion that it’s affecting someone’s health (which comes under strata law rather than by-laws)?
It’s only going to be as long and drawn-out if you go into this half-heartedly. But if you have any or all of the above boxes ticked, I would sit down with the owner and ask them how you can do this in a civilised fashion.
But don’t forget that to may people their pets are their kids – which means they are never any trouble, they are above average intelligence and their ‘parents’ will fight to the death to protect 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.
26/09/2012 at 7:54 pm #16635Hi Jimmy, the problems are 1) dog off leash on common property. Allegedly. 2) cats roaming the common property. Both contravene the bylaws. (btw my cats do get out onto the common property an issue we are working hard to address.) A fellow EC member wants to have them removed or set traps. I’m not sure about nuisance but I do know the EC member is scared of dogs so that could affect his health. The pet issue seems to take up 75 per cent of our EC time, because of one person’s niggling and nosiness. If he was out at work all day like everyone else he would barely notice it. Any tips on how to handle him would be appreciated too!
27/09/2012 at 2:21 pm #16643@Bev29 said:
Hi Jimmy, the problems are 1) dog off leash on common property. Allegedly. 2) cats roaming the common property. Both contravene the bylaws. (btw my cats do get out onto the common property an issue we are working hard to address.) A fellow EC member wants to have them removed or set traps. I’m not sure about nuisance but I do know the EC member is scared of dogs so that could affect his health. The pet issue seems to take up 75 per cent of our EC time, because of one person’s niggling and nosiness. If he was out at work all day like everyone else he would barely notice it. Any tips on how to handle him would be appreciated too!Hi Bev,
In other areas of the Forum there has been discussion about netting, etc. to keep cats on a property. They will live longer, save you vet bills, and will get used to being ‘inside’ cats.
A dog should not be allowed to run free, but not having a dog I have no suggestions. Others have had success with dogs living with them in high rise.
28/09/2012 at 8:44 am #16648I am someone who, unlike everyone else, is home during most days. Other residents complain about my niggling and nosiness. However, if everyone did the right thing, I would have nothing to notice. It would seem that some people think they can break a bylaw during the day because no one should be there to see it, they should be out at work.
People who are in their homes everyday perhaps experience more incidences where the peaceful enjoyment of their homes is disturbed by those who do not think the rules apply because no one is, or should be around. I know this has been the case for me with some residents in this complex.
Pets are the only things I have not had to complain about. Their owners are responsible. Dogs are walked daily and are on leash, cats in this complex are kept inside, which btw is the only way to keep cats off common property.
Also btw, I do work. But I am home most days of the week much to the chagrine of my neighbours. There are many ways in which people work these days. From home, part time, casual and that new fangled thing called the Internet. So many more opportunities for residents to be in their homes and to notice what is happening around them.
28/09/2012 at 6:26 pm #16655Hi struggler, hopefully you dont’t patrol the complex peering over fences, fire off racist emails with unsubstantiated allegations, send unauthorized notices to comply and generally behave like a mean minded busy body with zero ability to tolerate the foibles of human behavior. On the days I’ve been lucky enough to be home midweek I’ve been amazed by how lovely and peaceful it is here and actually jealous of those who can enjoy it. it’s just a shame this particular person can’t or won’t.
29/09/2012 at 10:25 pm #16663Bev29 your original posts asked about the process to remove pets because someone who was home a lot complained about noticing pets in common areas during the day. So is this person the same one who has done all you have listed and is also an EC member? If so, he could be found vexatious. This paints a totally different picture. Any complaints he makes may be seen differently if he also makes outrageous claims and accusations. Any notices to comply that are issued without the proper procedures followed are not worth the paper they ware written on. If pets are allowed in the complex and pet owners follow the by laws in regards to their keeping they will not be giving him much to complain about anyway.
The process is not that difficult. First to mediation, then to CTTT for ruling. Though those couple of days may be spread over a few months.
And no I don’t do any of the things you list above but i do notice repeated breches of by laws being home most days. And being home most days I used to collect mail for those away, take delivery of parcels, let tradespeople in and even clean and do odd jobs around the complex. But that was a long time ago in a galaxy far far away. Can’t be bothered for people who can’t be bothered . Don’t do that any more. Suits me. More time to enjoy the serenity.
30/09/2012 at 9:00 am #16665It is a problem when someone who is generally a pain suggests something that is not completely unreasonable!
Depending on what is in your By-Laws now, perhaps the way for the EC to deal with this is to propose a By-Law that would be a reasonable compromise on pets. If it gets the necessary support you will have more teeth to deal with complaints that contravene the By-Law. On the other hand if the majority of owners don’t support the proposal then you can shrug your shoulders when you get complaints and say you tried but can only act to reflect the resolutions of general meetings and on this one there was not the support.
By reasonable By-laws, I’d suggest such things as:
-members much seek approval for pets but approval will not be unreasonably refused (that is something like the ACT Unit Titles Act wording).
-Dogs must be on leash if on common property (perhaps you could designate an off leash area if that would be practical in your setting)
-Faeces must be removed by pet owners.
-Cats must not be allowed to roam but outdoor cat runs may be approved within unit areas.
Various lawyers have off the shelf pet by-laws you can purchase.
03/10/2012 at 5:00 pm #16684I believe a low visibility mesh is the way to go for anyone who has cats. Cats love to have that little bit of outdoor space to lay in the sun & grab a bit of fresh air.
https://www.catmax.com.au/clearnet-enclosures.php
Being allowed outdoors results in happier cats that tend to be less destructive when indoors.
In my current rental we have enclosed the 5 sqm back patio area and this seems to be enough to keep my cats happy. they have a cat tower they can climb, some cat grass they can chew, a scratching post and some nice sunny spots to enjoy the sun.
I am hoping that i will be able to enclose a portion of my terrace when we move to our apartment at the end of the month.
Cats should not be allowed on common property where they can poo where they please & bother other owners/tenants.
03/10/2012 at 6:17 pm #16685We had a heated debate over child safety nets on balconies … don’t know how cat nets will fare (although I’m in favour myself)
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.
-
AuthorReplies
- You must be logged in to reply to this topic.
› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Current Page