When one owner out of four has dog phobia

We live in a small block of 4 units so everyone’s on the EC – we are all owners. Whilst we have 2 (50%) votes of okay, 1 (25%) vote of subject to trial outcome and unanimous vote, we have 1 (25%) which is an absolute no without negotiation as one of the tenants has reportedly a dog phobia, who lives in a courtyard apartment facing the main road 2 metres away from lot boundary, where dogs pass by throughout the day. Around the corner in a stone’s throw literally (1 min walk – 20 metres away), there’s dog friendly cafes and a vet (expectedly more dog traffic).

I argue that the dog phobia is a debilitating condition given the abovementioned items. It also takes me 35 seconds to get out of my unit down the stairs to the driveway, and 20 seconds out from the driveway to the back gate, minimising proximity contact with the tenant – when we do see her. We don’t see her much in person at all to date, given our different lifestyles etc. So, in 2 minutes, *poof*, I will be out of sight. And we clarified we will make “conscious and deliberate efforts” to minimise contact with the tenant – i.e. we will be the first to back off, not be in the stairs, walk quickly away etc. shall we ever cross paths.

We have had a few discussions to date, addressing all raised concerns re. our application for a labrador puppy who will be with people majority of the time – at home with us on weekends and work from home days, and at doggy day care otherwise. We know labradors are gentle, affectionate, family dogs good with young kids, and they love being with people. They are highly intelligent, trainable and in fact, bribe-able (with food!).

We believe the decision is no more than self-serving without consideration of our personal circumstance, and commitment to address all concerns raised. In fact, we will also be happy to pay the fees to help Unit 1 attend a dog-phobia treatment course – apparently partly also Medicare rebatable. This can also be aided if the tenant so wishes, to be exposed / socialised with the dog at puppy stages – surely all willing, this is a free phobia treatment which must be crippling most of the tenant’s life.

We are very unfortunate for a member of the exec committee who makes decision on pets in strata, to have a dog phobia. Imagine this isn’t the case, and another owner/tenant in the strata has a dog phobia but no power in the decision as they are not in the exec committee?? Isn’t this when we think that the person who claimed to have a dog phobia, NOT consciously choose to live in a strata environment and dog central? If so, the phobia is clearly debatable. It must be manageable for the person to be able to LIVE in the apartment.

STRATA BY LAW in our block

“16 Keeping of animals (1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal 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.” 

Has anyone successfully challenged neighbours with dog phobias?

Suggestions, please? Thanks.