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No Pet Bylaw
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Vandal
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16/02/2017 - 2:59 pm
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Hi,

I live in NSW , My problem is we have a special no pets bylaw in our building, resently we discover that one of the tenant has a cat ....

we also discover that he has the cat for two years, So there for he's been knowingly braking the no pets by law for two years....

Our managing agent has sent him a letter regarding his breach of bylaw and ask him to get rid of the cat...

We also had an EOG meeting regarding this matter....the result of that vote at that meeting is against the tenant ... as a result the maneging agent sent the tenant a notice to comply and remove the cat....

The problem that we having is that the tenant refused to remove the cat.... and insist that he will win if we go to NCAT due to his children wanting to have the cat....

My question is... what are the chances of the body corporate winning this case.... please note.....  that this person know someone from NCAT as he mention this to one of the owner.... 

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JimmyT
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16/02/2017 - 4:07 pm
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What is the specific wording of the by-law?

By the way, if this person really knows someone from NCAT then they will know that by-laws tend to be upheld.

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16/02/2017 - 4:54 pm
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Hi,

this is the wording of the special bylaw...

Special bylaw 4

1. By-Law 16 is repealed..

2. Subject to section 49(4) of the strata Scheme Management Act 1996 and paragraph 3 of this by-law an owner or occupier of a lot must not keep any animal on the lot or the common property.... 

thanks,

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JimmyT
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16/02/2017 - 5:14 pm
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You haven't included paragraph 3 which is referred to in the text.

Also your by-law refers to the 1996 Act (which has been superseded - but I'm not sure if it still applies to existing by-laws).

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