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Topic
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New tenants in our block lodged a Pet Application Form to have a cat in their unit. Of the 3 member Strata Committee, I voted against & 2 voted to allow the cat.
A Pet Keeping Agreement was signed by the pet owner stating among other things that
the pet would not cause a nuisance to other residents of the Strata Scheme
the animal is to be kept within their Lot & not permitted at any time on the common property
Acknowledge that the consent of the OC operates in respect of the nominated pet only
Acknowledge in event of a breach the OC would issue 3 warning notices
if complaints are received from residents the OC reserves the right to rescind their decision.The tenants moved in with not only the approved cat, but another one as well.
No application was ever made for the additional cat.
One of the residents in our unit is allergic to cats & the possibility of Toxoplasmosis transmission is of grave concern to her. Our unit is adjacent to where the cats are housed with shared access to the common areas. This has been a long running issue & our residents have been nervous & severely impacted by the roaming cats on their doorstep. They have not being able to leave their door open as they used do for fear of the cats wondering in.
In response to my original objection to the cat in the unit next to ours, we were assured by the pet owner & their agent that it was an indoor pet & will not be outdoors in any of the common areas. Despite these assurances both cats are frequently in the common areas at our front & back doors. Photographic & written evidence was presented to the committee & on 2 occasions a breach of by-law notice was issued by the SM on my instruction with no objection from the other members.
Recently an independent witness noted a cat in the common area at our back door. As a result I instructed the SM to issue a third breach of by-law notice but 1 member abstained & 1 voted against this fearing that the result might result in the eviction of a tenant or the euthanasia of his/her cat.
Can someone please explain what would normally happen after the issuing of a third breach of by law notice.
Other questions remain:
If the abstainer is disinclined to approve the notice, is my going to Fair Trading/NCAT the only other option? That sounds quite daunting to me.
As has been suggested, I will propose a motion for the SM to be empowered to act in the best interest of the block in the event of further deadlocks.
What should be done about the additional cat in their unit?
It seems that these tenants are flouting the by-laws & breaking their own signed agreement as listed above without any disadvantage to themselves or their pets.
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Once a breach of by law is issued, the miscreants are on notice for the next year. If there is a subsequent breach the OC should take the miscreant to court to get an order and/ or get a fine applied
I don’t understand why st least two and possibly three breach notices have been sent. It either indicates an uninformed strata manager or a spineless committee.
Dont worry about the consequences. If people do the action, then they have to accept the consequences as well.
I don’t understand why at least two and possibly three breach notices have been sent.
Me neither. This is one of the great myths of strata – that you have to send three warnings before you send a Notice To Comply … which is a warning.
The abstainer is being ridiculous in this case. The issuing of a Notice To Comply is merely sending the owners a message to abide by the terms of their permission or face consequences as decided by a Tribunal.
This is likely to be an order to make them control their pet better. If they don’t comply, then it could be a fine or, in extreme circumstances, removal of the animal.
It’s as far from being a death sentence for the cat as it it from being an eviction notice for its owner (which would never happen).
You could take action against your strata scheme for failure to enforce its by-laws, under section 232, which would invite NCAT to issue orders to send a Notice To Comply.
In any case, individual owners can take action under section 158 (below) against residents whose permitted animals constitute a nuisance. Even then, removal of the animal would be a last resort.
And you might look at how why your strata manager has failed to explain this pretty basic stuff about Notices To Comply to the fence-sitter. Repeat after me: “A notice to comply IS a warning.”
158 Order for removal of an animal permitted under by-laws(1) The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
(2) The Tribunal may order that the person—
(a) cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b) within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.
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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