Flat Chat Strata Forum Two-unit strata Current Page

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  • #9067
    Duplexliving
    Flatchatter

      I’m the owner of an upstairs duplex unit and plan to buy a medium sized dog. Both myself and the owners of the downstairs unit form the owners corporation and have equal voting rights. The strata scheme for the duplex was registered prior to 1 July 1997 and the standard by laws of schedule 1 are in use.

      I notified the owners of the downstairs lot about the dog and was asked to pass a by-law for the dog prior to getting the dog. There are currently no by-laws in place for keeping pets and my assumption is that existing model by-laws apply:

      SCHEDULE 2 – Model by-laws for residential strata schemes

      (Clause 27)

      17 Keeping of animals

      Note: Select option A, B or C. If no option is selected, option A will apply.

      Option A

      (1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.

      (2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

       

      I have a few questions regarding the above:

      1. My understanding is that only written approval is required by the owners corporation and a new by-law is not required (since keeping animals is covered in the model by-laws already) – is that correct?

      2. Since both parties have equal voting rights, the other owner actually can’t legally prevent me from having a dog – is that correct?

       

      Thanks :)

       

    Viewing 3 replies - 1 through 3 (of 3 total)
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    • #19687
      Whale
      Flatchatter

        You are correct in that the (NSW) Schedule 2 By-Law #17 applies, and as your Plan hasn’t adopted any of the options within that, option A is the relevant provision.

        Provided the equality of your voting rights with that of the other owner is on the basis of lot unit entitlement, then that owner cannot stop you from keeping a dog, but the Tribunal may do so if your dog creates a disturbance, fouls the common property, or causes any other by-law to be breached.

        #19819
        Duplexliving
        Flatchatter
        Chat-starter

          Thank you for your reply Whale.

          Another question I have is, would the owners of the other lot be able to withhold their approval merely based on the size of the dog? The dog in question is well trained (no barking) and the sole issue seems to be the size.

           

          That said, reading your answer, do I need the other parties consent/approval at all (given that we both have equal voting rights)?

           

          Many thanks.

          #19825

          The standard by law requires you to have written permission to keep the pet. Any decision must be made by the majority which means more than 50% In agreement. HOWEVER, permission must not be unreasonably withheld.

          The bottom line is, if the matter went to the CTTT they would probably be in your favour if the dog was not causing a disturbance and against you if it was.

          Beware though – many a “we’ll trained, non barking dog” barks all day when their owners are at work or elsewhere leaving the dog home alone and bored.

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        Flat Chat Strata Forum Two-unit strata Current Page