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Hello,
I am an owner in a small (6 unit) apartment which has the general pet by law; ie. approval is required and should not be unreasonably withheld. There are no pets in the building and I have provided evidence that the well behaved, quiet, medium sized dog has lived in a smaller unit previously and is spayed, house trained, etc. The approval was denied, I then provided rebuttals to the reasons for denying and they have since replied reiterating that the apartment is unsuitable for a dog and that all other owners have voted against. There was no meeting and I have requested a copy of the documentation regarding the determination of the vote from the strata manager.
I am tempted to bring in the dog and let the owners corporation pursue me through mediation, etc as I think (considering evidence that the dog is suited for apartment living) their denial is unreasonable but am concerned about what the outcome would be if they chose to and voted for a no pet by law before any further action is possible on my part. Can this only be accomplished during the AGM?
Would it be more prudent to apply for a mediation myself and see how they respond?
I have stated that I am willing to work with the owners corporation and would even entertain a trial period to prove the dog is clean and quiet and would not negatively affect any other owners (3 or 4 of the 6 units are rented by tenants and the owners corporation has stated they fear allowing my dog would give off the appearance that dogs are allowed).
Thank you
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Replies
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ukirak said ….
1) I am concerned about what the outcome would be if they chose to and voted for a no pet by law before any further action is possible on my part. Can this only be accomplished during the AGM?
YES, provided the proposed (special) by-law is included with the Agenda for the AGM, and ≥75% of those owners in attendance both personally and by proxy voted in favour in accordance with the units of entitlement of their respective Lots (i.e. a “poll vote” as opposed to one determined by a simple majority)
2) Would it be more prudent to apply for a mediation myself and see how they respond?
YES; absolutely using THIS form, but firstly get all your evidence such as correspondence in order, and after you’ve lodged the Application pay your Executive Committee the courtesy of advising them of that; if they then change their tune you can always withdraw your Application.
3) they (the Owners Corporation) fear allowing my dog would give off the appearance that dogs are allowed.
That’s a largely spurious argument as the provisions of the NSW Residential Tenancies Act (2010) requires the Owner / Landlords of those 3-4 rented units, who don’t want dogs in the building, to grant their tenants consent to keep a dog before the matter then goes to the Owners Corporation or its E/C for further consideration; and it appears that primary consent would be refused.
Get cracking, but DON’T bring your dog to your unit in advance of Mediation taking place as the mediators don’t take kindly to the parties making preemptive moves that compromise their role or make it more difficult.
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