Flat Chat Strata Forum Strata Committees Current Page

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  • #7345
    AndrewL
    Flatchatter

      I own a unit in Brisbane and was thinking of applying to the committee to keep a cat.

      I'm an ordinary member of the executive committee and I was wondering if I apply to the committe am I allowed to vote on my application?

      What about if I put forward a motion at an AGM, am I allowed to vote on my own motions at an AGM?

       

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    • #12713
      Jimmy-T
      Keymaster

        I'm pretty sure that it's legal to vote but it's customary to exclude yourself from the actual vote after you have made your case to the committee.  However, a bit of schmoozing with the other committee members beforehand wouldn't go amiss.

        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.
        #12720
        Anonymous

          JimmyT said:

          I'm pretty sure that it's legal to vote but it's customary to exclude yourself from the actual vote after you have made your case to the committee.  However, a bit of schmoozing with the other committee members beforehand wouldn't go amiss.

          Hi i find its a good idea to offer that owners are allowed pets but not people renting. However you may need a new bi law for this which takes time and maybe money? But it could just be a general agreement.

          #12722
          Jimmy-T
          Keymaster

            I suspect the by-law already exists – Andrew just wanted to know if he can vote in favour of his application at the EC meeting.

            On the question of allowing pets for owners but not tenants, this is a bit discriminatory – you can't treat one lot of residents differently from others.

            however, most buildings insist that tenants have the written permission of their landlords to have pets (which is often harder to get than permission from the EC).  And most tenancy agreements either forbid pets or, similarly, demand written permission before pets are allowed.

            Also, tenants and their pets are bound by exactly the same by-laws as owners so there's really no reason to discriminate – I've know tenants with and without pets who strictly abide by the by-laws and owners who don't even read them becasue they don't think they should have to live under any rules.

            The big difference with tenants is that if they breach your by-laws, they are also automatically in breach of their tenancy agreements and could be evicted.  If only the same were true of some owners.

            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.
            #12723
            AndrewL
            Flatchatter
            Chat-starter

              Thanks for the replies.

              Yes there is a by-law already in place that states animals cannot be kept without written permission from the body corporate.

              I spoke with the chairman and she said she applied a few times to keep a cat and after being knocked back each time just went ahead and got a cat. Apparently the committee of the time threatened to remove the cat but didn't end up following through. I think that was a long time ago as the cat looks old and the previous committee members don't live in the complex any more.

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