Out of luck when strata by-laws ban pets

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  • 18/08/2016 at 10:44 pm #10591
    Jimmy-T
    Keymaster

      In all the kerfuffle over the new strata regulations, pet by-laws predictably got their fair share of column inches, internet clicks and confusion.

      To be clear, there are two new model pet by-law options on offer and they are really just options available to developers when they set up a new strata scheme.

      If you have already read this in print,
      you will find the original posts here

      Option A says you can have a pet if you inform the committee within 14 days. Option B says you can have a pet provided you have written permission which can’t be “unreasonably” refused.

      Model by-laws can be adopted by 75 percent of votes at a general meeting of the owners of existing schemes but otherwise they do not supersede any valid and registered by-laws that you already have in place.

      A third by-law, for pre-1996 buildings, says you can’t have a pet unless you get the written permission of the committee which, again, they can’t unreasonably refuse. It’s similar to Option B, but ‘no pets’ is the default position.

      The pre-1996 scheme by-laws automatically apply where there are no existing by-laws covering a whole range of issues.

      Which brings us to an option not in the new regs but encountered by Flatchatter Micksik who bought into a unit block without first checking the by-laws.  Sadly, the block bans pets.

      This is the exact wording: “Subject to section 58(12) of the Strata Titles Act 1973, a proprietor shall not keep any animal upon his lot or the common property.”

      Now Micksik’s options are to give up his dog, find somewhere else to live or persuade his neighbours that it’s time to upgrade 20-year-old by-laws, registered by people who probably don’t live there any more.

      In fact, we all have to review our by-laws within 12 months after the new strata laws come in on November 30, so that might be his best bet.

      Alternatively, he could take his (very slim) chances on the Tribunal chocolate wheel, where common sense is often in short supply.

      I was told recently about an owner who challenged a pet ban on the grounds that the relevant by-law wasn’t being properly enforced.  When it was discovered that the by-law had never been registered, the Tribunal member ruled against him because he was appealing against a non-existent by-law. Amazing!

      There’s more on Micksik’s dilemma, including a link to a story about a couple who successfully had their pet by-laws changed, here in the forum.

      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.
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    • 24/08/2016 at 8:42 am #25344
      Player Special

        Interesting subject. Perhaps you can provide a comment on the following. A new tenant moved into the building signing a lease acknowledging no pets. Nor was any request made at the time to keep a pet to the Owners Corporation. The building is sign posted ‘no pets’. Subsequently a dog appeared. The body corporate and owner of the apartment was informed it belonged to someone else and would be gone in a matter of weeks. This never eventuated and the new tenant then claimed the dog was a special needs assistance dog that has been admitted to the mindDog program. The pre-requisite for this is a letter from a doctor and payment of a fee. The training last for approximately 12 months when the dog must thereafter wear a special vest identifying it as a special assistance dog. This new tenant now has the full protection of the anti discrimination laws. Thoughts?

        30/09/2016 at 8:10 am #25519
        Arlette
        Flatchatter

          “In fact, we all have to review our by-laws within 12 months after the new strata laws come in on November 30, so that might be his best bet”

          Hi there Jimmy, so does this mean that the strata scheme has to make amendments? We live in a conservative strata scheme in Sydneys north. We own. Our strata scheme bans pets. We like a pug so a small breed that is quiet most of the time. We would like to challenge the bylaws with the new bylaw options coming into place. Why are we being punished for have bought 15 years ago and now new strata schemes have to look into this? We just had a general annual meeting and maybe a bew strata manager has been appointed too. How would we talk to owners to see if it is worth challenging the bylaw or should we just apply get refused and then say it is unfair to enforce an old bylaw given that we live in the 21st Century and pets mean way more to us than ever before? I am looking forward to suggestions. I would be happy to stand in the lobby and speak to every single person i meet but most people that live here are tenants so how do i get to the real decision makers?? Plus is it worth us picking this fight with the very strict no pet rule in our strata bylaws? Thanks in advance.

          30/09/2016 at 8:20 am #25520
          Jimmy-T
          Keymaster
          Chat-starter

            @Player Special said:
            A new tenant moved into the building signing a lease acknowledging no pets. Nor was any request made at the time to keep a pet to the Owners Corporation. The building is sign posted ‘no pets’. Subsequently a dog appeared. The body corporate and owner of the apartment was informed it belonged to someone else and would be gone in a matter of weeks. This never eventuated and the new tenant then claimed the dog was a special needs assistance dog that has been admitted to the mindDog program. The pre-requisite for this is a letter from a doctor and payment of a fee. The training last for approximately 12 months when the dog must thereafter wear a special vest identifying it as a special assistance dog. This new tenant now has the full protection of the anti discrimination laws. Thoughts?  

            I would think the tenant would have anti-discrimination protection AFTER the dog had been trained.  And you could go to NCAT and argue that it’s not really an assistance animal – just the abuse of a loophole.

            Having said that, is it really that much of a problem? There are mechanisms under the Act for removing animals that are permitted but which have proved to be a nuisance.

            For a number of reasons, not least that this person may have a genuine problem, I would be tempted to let this slide until an actual problem arose.

            If you are concerned that this sets a precedent, I would use the “assistance animal’ provisions as a way of discouraging other tenants from bringing in pets (if that’s what the majority of owners really want).

            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.
            30/09/2016 at 8:34 am #25521
            Jimmy-T
            Keymaster
            Chat-starter

              @Arlette said:
              … so does this mean that the strata scheme has to make amendments?

              No, they just have to review their by-laws, not necessarily revise them.

              We would like to challenge the bylaws with the new bylaw options coming into place.Why are we being punished for have bought 15 years ago and now new strata schemes have to look into this?

              All schemes have to review their by-laws.  Pre 1996 by-laws were all changed at the same time because they were a mess and didn’t even cover the basic requirements for a lot of schemes.  That means that whenever the law changes, the government has to issue a new set of compulsory by-laws which can be changed and which don’t over-ride changes made since 1996

              We just had a general annual meeting and maybe a new strata manager has been appointed too. How would we talk to owners to see if it is worth challenging the bylaw or should we just apply get refused and then say it is unfair to enforce an old bylaw given that we live in the 21st Century and pets mean way more to us than ever before?

              No need to go to the barricades on this – not as a first option, anyway.  Put together a compelling document that draws on the many sources that show pets are not only beneficial to health but actually improve the value of properties.  Local real estate agents will probably tell you that pet bans can reduce apartment values by between 5 and 10 percent. 

              Also reassure owners that even without restrictive by-laws, they can limit the kinds of animals and have them removed if they prove to be a nuisance.

              I would be happy to stand in the lobby and speak to every single person i meet but most people that live here are tenants so how do i get to the real decision makers??

              Your strata manage has to let you see the roll which will include the contact addresses of all the owners.  Don’t exclude tenants from your discussions – they vote with their feet and their wallets.

              Plus is it worth us picking this fight with the very strict no pet rule in our strata bylaws? Thanks in advance.  

              No-pet by-laws are a hangover from days when people didn’t even consider apartment living as a long-term option and when it was more important to avoid potential problems than create an inclusive environment.  if they could have, many schemes would have banned children too.

              It is definitely worth taking this on, if it’s important to you.  You will encounter a vociferous from some and enthusiastic support from others.

              But do your homework and provide a compelling document that you can send to everyone and try not to let it get personal. 

              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.
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