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I apologise for this long description, but it has become a convoluted nightmare.
I am from NSW, with the older pets by-law which requires written permit, Owners Corporation (OC) not unreasonably withholding approval.
Our 3-member strata committee consists of: an owner-occupier (MrB), myself (I’m an owner-occupier) and an owner who rents out (MG). We do not have internal procedures to deal with applications or permits.
Around Oct/November of 2020, MrB brought in 2 dogs. With no pet application, no written permit. I will admit I let this go out of the goodness of my heart, with Covid lockdown and the hope that being an owner-occupier and committee member, MrB would have the initiative to make the application. Nothing happened while the dogs were kept in MrB’s lot, while continuing to tolerate the escalating barks of 2 dogs and resulting noises.
April 26, 2021: I spoke then wrote a few days later to our Strata Manager (SM1, who acts as: Chairperson, Secretary, Treasure, Committee Member) whether an application was received and permit/s issued (without my knowledge).
May 14, 2021: email from SM1 saying still no response from MrB
May 18, 2021 @ 12:18pm: email from SM1 saying: “… I am actually scheduling the AGM for June 1, 2021 to be held onsite so perhaps I can address this issue directly with him? Otherwise next steps are I would need to issue a Notice To Comply and if he still keeps them we would have to go to NCAT.” (I did not respond to this email.)
May 18, 2021 @ 1:12pm: an email from SM1 for the AGM noticeI point out the date and times I received these correspondences because:
1. It was not clear as to what SM1 meant by “taking the issue directly with MrB”. Whether this was going to happen before, during or after the AGM.
2. I thought for a Notice To Comply to be issued, it required a vote first by the committee which Mr B is a member and it should be on the agendaJune 1, 2021 AGM: SM1 immediately starts off by saying: “an application for the dogs has been received” then takes a vote count. Over my questions and arguments about lack of details (only that brother & sister puppies), lack of rules and conditions. Every time I tried to ask a question, for example about noise, poo, allergens, it was brushed off as if it was picky, irrelevant and normal for strata living, even non-residential, where there are animals. Like I was time-wasting.
All these done orally, with people talking over each other; side conversations going on. Vote continued, resulting in dogs being permitted to remain.A few days later, I received the AGM minutes, as per the agenda. Nothing referencing the dogs at all, not the oral application & vote or what actually took place, what was said.
On hindsight, from what I know now just from reading up, I believe that June 1, 2021 oral vote should not have happened.
1. It was not on the agenda, no motions were raised – I could not have raised a motion for Notice to Comply to be voted on since by the time SM1 got back to me, I had no time to raise it before getting the AGM notice.
2. SM1 should not have asked for a vote right there and then because: no motion to approve/not with supporting documents on the agenda.
Please comment.Can I still dispute the validity of this “vote” now, given the time difference, to have a mediation with NSW Fair Trading?
I ask this because:
Oct 17, 2022, I saw two dogs being brought into MrB’s lot.
1. The two dogs “voted on” on June 1, 2021: predominantly brown/black.
2. The two dogs brought in on Oct 17, 2022: one was predominantly brown/black; the other, predominantly white with some black or brown markings and smaller than the former.
By colour and size alone, my conclusion is that the predominantly white dog is a new one.Oct 24, 2022: At this point, I no longer know how many dogs area actually in MrB’s lot. It is very likely dog-Oct2022 is a replacement.
I sent an email to a different (but from same company) strata manager (SM2) who took over our scheme. I asked SM2 to look into this and any other dogs/pets that may be in MrB’s keeping.
I was transparent telling him that on June 1, 2021’s AGM permitted keeping of the two dogs and that I was against mainly because I was not provided dogs’ details and was not able to set conditions.
Oct 25, 2022: SM2’s response to me – “Are the dogs causing any issues?” And quotes our by-law to me.
Oct 26, 2022: I call SM2 hoping to have a conversation about whether that vote applied to this new dog. It ended as an argument and me just asking: where is the written permit for the dogs kept by MrB?
Oct 31, 2022: SM2’s email to me: “I have now obtained written approval from MrB and MG, as it was not recorded in the minutes from the last AGM even though you confirmed in writing it was discussed.Arguable, as I said above, I would not call it a discussion.
Additional questions:
1. Is this “permit” valid? To me, it’s very ambiguous: which dog, how many, could be for a dog or animal MrB brings in tomorrow, 2 years, indefinitely.
2. And if I can challenge the June 1,2021 vote, on what grounds can I do so aside from:
– Meeting procedure not done properly (no motions, no time to review, no supporting documents; minutes don’t even have this)
– Not being able to vote with care and diligence. And I question how MG could have done so. Without supporting papers and time to review.
3. SM1’s failure to conduct the meeting & vote properly.I am not against having pets in the strata but rather the process that enabled getting this “permit”. If this continues as is, serious could arise not just because of MrB’s dogs.
I intend to go to Fair Trading (and NCAT if necessary, on my own against OC) since that is looking like the only option, with an additional aim of replacing this Strata Company,
So please provide as many comments and suggestions. Thank you.
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