- This topic has 7 replies, 2 voices, and was last updated 8 months, 1 week ago by .
-
Topic
-
In the voting form that was emailed [for our upcoming AGM] there is a quote for a solicitor to draw up a by law for pets kept on premises. I do have a pet and I had quiet a battle to allow me to keep my toy poodle in my unit, I was willing to agree that the dog would be cleaned up after and wouldn’t attack anyone. So to be able to keep the pet I had to prepare a very long email to educate both the committee and the strata manager about NSW law regarding pets in strata..it was only after my solicitor wrote to them to say the case would be taken to the tribunal that they agreed.
The question being is it a waste of owners funds to have this by law, would it serve a purpose if someone decided to push back on them?
-
Replies
-
You really need to discover what the intent of the by-law is and if it is really necessary. The model by-laws and the strata law dealing with the removal of dogs that have been approved but turn out to be a nuisance should be enough. But if the strata committee feels they want to deter new dogs from being brought into the building by imposing specific restrictions that is another matter and it should be explained before the AGM in papers issued with the agenda.
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.
Is it acceptable for me to contact the strata manager regarding what they are hoping to have in place?
A polite note asking for an explanation, either to the strata manager or chair, would be reasonable. Unless of course your strata manager is Netstrata, in which case it might just be a way of milking more fees out of owners and passing work to their subsidiary legal entity.
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.
it’s not an over 55 village it’s just a condition of sale and if the units are to be leased they must be over 55
Sounds pretty much like the definition of an over-55s village, probably constructed under a Sepp55 plan. But that shouldn’t make any difference and they still have to abide by strata law. However, while strata schemes can’t ban all dogs or all pets, they can set reasonable conditions under which they can be approved.
One is that they must be an appropriate breed or size and be managed in a specific way (like carried over common property or muzzled in lifts). Such by-law rules serve little practical purpose except to make potential purchasers and tenants aware that dogs and their owners aren’t really welcome.
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.
- You must be logged in to reply to this topic.