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  • #8796
    Fiveaces
    Flatchatter

      Hi everyone,

       

      I’m hoping to get some thoughts around the interpretation of this by-law regarding animals:

      12.1 The keeping of the animals on community property is prohibited, except with the written consent of the Association (other than guide dogs as permitted by Section 49(4) of the Strata Schemes Act 1996, fish kept in an aquarium and two birds).

      12.2 Owners and Occupiers must comply with the conditions on any consent.

      12.3 Owners and Occupiers must ensure any animal they are permitted to keep in their Lot or bring in to the Building:

      (a) does not make a noise so as to interfere with another’s peaceful enjoyment of their Lot or Common Property; and
      (b) is not permitted anywhere on the Common Property without a lead.

      My current interpretation (from my own non-legal mind) is that only pets on common property is prohibited, but pets within our own Lot are allowed on the basis that 12.3(a) and 12.3(b) are adhered too.

       

      Am I interpreting this incorrectly?

       

      Thanks, Mark

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    • #18305
      scotlandx
      Strataguru

        That by-law is badly drafted.  You don’t “keep” animals on the community property, so usually the by-law will say something about the keeping of animals in a lot, and then additional provisions about animals on the common property, i.e. how they must be controlled etc.

        12.1 and 12.3 are inconsistent because 12.1 refers to community property and 12.3 refers to a lot.

        Anyway – I am not sure your interpretation of it is right.  If you go to the intent of the by-law, looking at it as a whole, it seems to be that an owner can’t keep an animal in their lot without written permission, and that when an animal is on the common property it has to be on a lead.  This is because 12.3 refers to an animal being kept on a lot with permission, which presumes that permission must be given.

        Perhaps the best option is to ask the strata manager, and at the same time I would point out the deficiencies in the by-law, because as it is it doesn’t make any sense.  It should be amended to avoid confusion.

         

        #18486
        Fiveaces
        Flatchatter
        Chat-starter

          Hi scotlandx,

           

          Thanks for that, we spoke to the strata manager. It’s a complex of four buildings with separate strata plans and a fifth community strata.

           

          The reference to community property is the property of the community strata (pool, tennis court etc). The strata itself for the building however accepts pets on application.

           

          Mark

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