Thursday, 21st November 2019

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coriordan
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Last seen: 9 years 24 weeks ago
Joined: 07/06/2010

was looking for some direction - currently living in a unit of which I am an owner. There are a number of owners and residents with pets residing in units. I (doing the right thing) asked permission at the recent agm for which my request was denied (to have a small dog in my unit). there are other dogs in units (requests by tenant was made to executive committee and approved) and other pets which have not been approved. What is my next asuggested course of action (as i really want pet in my unit) I have asked the exec committee to send a notice to comply to the owners or tenants who have not seeked permission. What is the best process or steps for appeal? There is a strata law that says the owners corporation cannot allow a pet to reside in unit without a good reason or something similar - your help would be appreciated

owner1
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Last seen: 8 years 12 weeks ago
Joined: 24/03/2010

If there is a by-law that says no pets then your executive committee should be asking those with pets to comply with that by-law. Good reason in a standard by-law to have a pet is if it is a dog for the vision impaired etc. If there are other dogs and pets in the building, why not try and have the by-law changed. Your executive committee has to make up its mind whether there are to be pets or no pets. There should be one law for all, with no exceptions. Regardless of the by-laws, guide dogs are allowed in any building. Generally they are allowed anywhere - restaurants, public transport, hotels etc. I believe guide dogs are the only exception when a by-law is in place not allowing pets.

Simone Balsara
Simone Balsara's picture
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Last seen: 8 years 29 weeks ago
Joined: 29/11/2010

You can appeal the decision of the owners corporation if there appears to be inconsistencies with the enforcement of the animal by-law under your strata scheme.

Under s150 of the Strata Schemes Management Act, an adjudicator may, by order, declare that the applicant for an order may keep an animal on a lot or common property if the adjudicator is satisfied that the owners corporation has unreasonably withheld its consent.

We at Teys Lawyers assist owners with these difficult situations. If we can assist you in any way, please contact us.

Simone Balsara
TEYS Lawyers
The Strata Law Experts
02 9562 6500
[email protected]
www.teyslawyers.com.au

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