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Review of Schedule 2 By Laws for old scheme
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kezza111
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05/07/2017 - 7:48 am
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How do you amend the base of the Sch 2 by laws in favour of the new Model By Laws?

I know we need 75% in favour of the change which Im confident I will get at our meeting, as most of the owners are not really interested in the nitty gritty of the by laws amendment (Ive already asked for owners thoughts and feedback).

We dont have any other special by laws in place, just the standard Scdedule 2 by laws.

What is the quickest and easiest way to do this?

Thanks. 

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JimmyT
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05/07/2017 - 10:32 am
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Put a motion up to replace the old by-laws with the new ones (and list them both, just to be sure everyone has the opportunity to see what's happening).

You might also read the new by-laws aloud at the meeting just so you can say you followed correct procedure

However, you will have choose which of the pet options you prefer and you could either do that in advance or have a separate discussion and vote on that.

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kezza111
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07/07/2017 - 7:45 am
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Thanks Jim.

Just to clarify the wording of this motion for the agenda.

THAT The Owners Strata Plan No.xxxxxx (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 141 of the Strata Schemes Management Act 2015, adopt the Schedule 3 Model By-Laws in the 2016 Strata Scheme Management Regulations.

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JimmyT
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07/07/2017 - 8:34 am
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You also need to choose a pets by-law otherwise Option A -  the owner of a pet only needs to notify the committee that they have an animal -  will apply. See section 5, below.

You could make that part of the same by-law, as in:

THAT The Owners Strata Plan No.xxxxxx (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 141 of the Strata Schemes Management Act 2015, adopts the Schedule 3 Model By-Laws in the 2016 Strata Scheme Management Regulations, including Option X of item 5 related to pets.

If you think disagreement on which pet option to choose might scupper the whole renewal, separate the issues with two by-laws.

1. THAT The Owners Strata Plan No.xxxxxx (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 141 of the Strata Schemes Management Act 2015, adopts the Schedule 3 Model By-Laws in the 2016 Strata Scheme Management Regulations, subject to adoption of by-law 5.

2. THAT The Owners Strata Plan No.xxxxxx (the “Owners Corporation”) by SPECIAL RESOLUTION, adopts Option X of by-law 5, related to pets,  in the Schedule 3 Model By-Laws in the 2016 Strata Scheme Management Regulations.

Again, bear in mind that Option A is the default position and it will apply if you don't choose option B.

Also, if you have a strata manager, you should run this past them to make sure it's OK.

5   Keeping of animals
Note.
 Select option A or B. If no option is selected, option A will apply.
 
Option A
(1)  An owner or occupier of a lot may keep an animal on the lot, if the owner or occupier gives the owners corporation written notice that it is being kept on the lot.
(2)  The notice must be given not later than 14 days after the animal commences to be kept on the lot.
(3)  If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:
(a)  keep the animal within the lot, and
(b)  supervise the animal when it is on the common property, and
(c)  take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.
 
Option B
(1)  An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.
(2)  The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.
(3)  If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:
(a)  keep the animal within the lot, and
(b)  supervise the animal when it is on the common property, and
(c)  take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.
(4)  An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.
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kezza111
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08/07/2017 - 1:44 pm
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Thanks Jim.

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James Moir
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10/07/2017 - 2:36 pm
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Hi, just a short reply.

Please ensure the motion also repeals the existing by-laws - like this: 

THAT The Owners Strata Plan No.xxxxxx (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 141 of the Strata Schemes Management Act 2015, repeals the model by-laws numbered 1-19 in Schedule 2 to the Strata Schemes Management Regulation 2016 and adopts the Schedule 3 Model By-Laws numbered 1-18 in that Regulation, including Option X of item 5 related to pets.

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kezza111
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11/07/2017 - 8:19 am
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Thank you Jim!

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twosailram
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11/07/2017 - 9:52 am
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You will also see Clause 9, Smoke penetration has an option A and option B. As is the case with clause 5, if no option selected, option A is the default.

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Mr Wong
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I thought about it too late to do a lot of good, but I wonder if strata schemes could be persuaded to include another option (or two) for their owners to consider for the KEEPING PETS by-law.

If you have no cats yet in the building it might be easily do-able, but either way, if you care about wildlife and the environment, I hope you'll consider banning or confining cats within the four walls of a lot, a worthwhile battle. 

Here's some ammunition, but there's plenty more like it on the internet.

Cats are efficient killers and well-fed domestic cats do it merely for the thrill of it.
Click on SHOW TRANSCRIPT of this Robin Williams broadcast to give you an idea of the problem.

If cat owners claim their cat is not part of the problem, show them this video of a GPS tracker on a cat just like their own.
Where does your cat roam after dark? Check this out.

I am no lawyer, but adding something like this to the options already on the Model By-laws  might at least start the conversation. Options A and B exist, with Option A the default by-law for schemes who don't submit their own variation or choose Option B.

I'd be grateful for any help with the wording for my Options C and D

Option C

(1) An owner or occupier of a lot may keep a reasonable animal (bar cats) on the lot or the common property with the written approval of the owners corporation.

(a) In this by-law, cats are not included or permitted. An owner or
occupier must not keep a cat in their lot or on common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal (bar cats) on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

Option D

(1) An owner or occupier of a lot may keep an animal on the lot (bar cats) or the common property with the written approval of the owners corporation.

(a) In this by-law, cats are not included or permitted. An owner or
occupier must not keep a cat in their lot or on common property.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal (bar cats) on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

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Lady Penelope
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14/07/2017 - 3:50 pm
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Mr Wong -  By-laws must not be unreasonable.

If an apartment owner wants to keep their cat indoors 24/7 then there is absolutely no danger to wildlife. You are making an assumption that all cat owners are irresponsible.

Cats are one of the types of animals most suitable for keeping indoors in an apartment. To ban an owner from keeping a cat just because some owners permit their cats to roam is far too stringent in my opinion, and is therefore unreasonable. 

Should all dogs be banned because some irresponsible dog owners permit their dogs to urinate and defecate on common property? 

Pets are generally not permitted on common property. That includes cats and dogs. A breach notice can be issued to a pet's owner if any pet is seen on common property. 

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Mr Wong
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14/07/2017 - 4:09 pm
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Lady Penelope said
Mr Wong -  By-laws must not be unreasonable.

If an apartment owner wants to keep their cat indoors 24/7 then there is absolutely no danger to wildlife. You are making an assumption that all cat owners are irresponsible.

Cats are one of the types of animals most suitable for keeping indoors in an apartment. To ban an owner from keeping a cat just because some owners permit their cats to roam is far too stringent in my opinion, and is therefore unreasonable. 

Should all dogs be banned because some irresponsible dog owners permit their dogs to urinate and defecate on common property? 

Pets are generally not permitted on common property. That includes cats and dogs. A breach notice can be issued to a pet's owner if any pet is seen on common property.   

Thanks for pointing out my oversight Lady Penelope. Not all cat-owners are irresponsible, but there are those who are in denial and think it cruel to confine a cat to barracks. I agree about pets being wonderful companions and would never wish to deny people that pleasure. I had meant to ofter options, but erroneously repeated the same wording in both options. Option D was to allow cats but that they be kept within the four walls of the unit. Don't know where that version got to, but if you can rephrase it for me, I'd be grateful. Perhaps just take out Option D altogether and let A, B and C stand and trust that people will begin to take this by-law more seriously. 

It is generally accepted that cats can take care of themselves outdoors, so cats often wander anonymously after dark; dogs not so much.

Just occurred to me that you may not be familiar with Options A and B or did not follow my link. They give the OC the options to keep whatever may legally be kept as a pet. 🙂

Option A

(1) An owner or occupier of a lot may keep an animal on the lot, if the owner or occupier gives the owners corporation written notice that it is being kept on the lot.

(2) The notice must be given not later than 14 days after the animal commences to be kept on the lot.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or
the common property that are soiled by the animal.

Option B

(1) An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.

(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.

(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must:

(a) keep the animal within the lot, and

(b) supervise the animal when it is on the common property, and

(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.

(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

 

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