Flat Chat Forum Common Property Current Page

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  • #51171


    I am once again seeking advice via the flat chat forum. The most helpful resource btw.

    we are in a pet friendly building of four lots in NSW.

    Two lots are investor owned and two owner occupied. We own.

    The other owner has a large dog who is highly dog aggressive. They are unable to walk to dog on the footpaths due to the dogs aggression.

    We have a dog ourselves.

    The other owners have their dog off lead all the time on common property which is unfenced and also shared with another block next door. I live in fear this dog will attack my dog so we are unable to go into the common property and even installed a gate to avoid having to exit the property near it. Thus far the other owners Corp members have refused to address and take the owners word that per our by law they have ‘control’ of the dog. This is untrue as it’s never on lead and is often nowhere near them when they are on common property.

    The strata manager opted not to have this issue discussed directly  at our AGM and wants to informally address it. We feel like enough is enough- we’ve been trying to address it with the owners for over twelve months and they refuse to put the dog on a lead and have engaged in quite threatening behaviour. Council also has no interest.

    I later discovered that the owner of the dog and the investor who voted at our recent AGM actually aren’t financial.. how could they even vote if this is the case? I emailed the strata manager but didn’t get a response.

    Any advice would be gratefully received.

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  • #51191

    First of all, you might want to take some pictures or video of the dog off the leash.

    Next, your best move may be to have your by-law changed to say dogs must be on a leash when on common property as some owners will argue that thei dog is “under their control” whenever they are around.  This may be true … until it isn’t.

    Meanwhile you might consider taking action under Section 158 (below) of the Strata Act which relates to controlling animals that have been permitted under the by-laws but which turn out to be a problem.

    For instance, you could apply for orders that the dog be kept on a leash whenever it’s on common property because it “unreasonably interferes with the use or enjoyment of another lot or of the common property.”

    You could apply for the dog to be leashed on the grounds that  the Tribunal can issue orders that will “terminate the nuisance or hazard or unreasonable interference.”

    You will, of course, have to apply for mediation first and you could either take action against the dog owners or the owners under 158 and the strata committee under section 232(2) for failure to fulfil their responsibilities.

    158   Order for removal of an animal permitted under by-laws

    (1)  The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.

    (2)  The Tribunal may order that the person—

    (a)  cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or

    (b)  within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.

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Flat Chat Forum Common Property Current Page