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Topic
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In our 2009, NSW, 4 apartment strata scheme we very recently passed unanimously and registered a new by-law prohibiting pets. It reads as follows:
17 Keeping of animals
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property other than:
(a) Fish kept on the lot in a secure aquarium or pond of less than one square metre
and
(b) Subject to the prior written approval of the owners corporation, small birds kept
on the lot in a secure cage of less than half a cubic metre.
For the purposes of this clause 17, to keep an animal shall include keeping a visiting animal on the lot or the common property overnight, other than in exceptional circumstances, such as an emergency.Less than a month later, I have heard that the real estate agent selling one of the units with a 26% vote has been telling prospective purchasers who might have pets that under the new NSW strata laws, the by-laws can be challenged or overturned and that they will be able to get approval to keep pets.
Is there any truth at all in this?
What action would you recommend?
There have never been any pets in any of the 4 owner-occupied apartments but we did have trouble with a previous owner allowing a ‘visiting’ dog to stay on a permanent basis – hence the clarification in the last part of the new by-law.
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@Casuarina said:
In our 2009, NSW, 4 apartment strata scheme we very recently passed unanimously and registered a new by-law prohibiting pets. Less than a month later, I have heard that the real estate agent … has been telling prospective purchasers who might have pets that under the new NSW strata laws, the by-laws can be challenged or overturned and that they will be able to get approval to keep pets. Is there any truth at all in this?No. The changes to the pet by-laws are in the “model” by-laws which only apply to new schemes and existing schemes that choose to adopt them through the normal process of a 75 percent vote at a General Meeting. Every strata scheme has to have a mandatory review of its by-laws in the first year after the laws come into effect but that does not oblige anyone to change anything.
What action would you recommend?
Write to the principal of the RE agency and tell them you are concerned about reports you have heard.
Make it clear the building is resolutely “no pets” and that is unlikely to change any time soon, regardless of the provisions of the strata Act 2015.
Ask them to make sure their real estate agents are fully apprised of what will and won’t change in the new strata laws – including the fact that existing by-laws will not change.
Warn them that if any owner buys into the scheme on the erroneous basis that the scheme will be obliged to allow pets after the law changes, you will seek damages against the real estate agency that provided the false information to cover the cost of legal actions required to defend your by-laws.
Also, warn them that you will support the affected purchaser in any claims they may make for misleading conduct against any agency that gave them false information.
That should just about do it.
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.
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