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Hi Jimmy,
We have a by law that states;
“a) An owner or occupier of a lot must not keep a dog on the lot or common property
b) An owner or occupier of a lot, must not without the approval in writing of the Owners Corporation, keep any other animal on the lot or common property”.
We would like to know your thoughts on this, and the discrimination against dogs specifically.
As contemporary living standards are continuing to change and there is continuous growth in strata living in Australia, we would like to see the community we live in adapt. The current by law is unbalanced and does not involve or permit sensible consideration of the interest and needs of ALL lot owners or occupiers and only operates in the interest of those owners who are opposed to dog ownership.
We have taken this to our latest AGM asking for a special resolution to amend the by law to include dog ownership, and suggested rules in place as well as having to be approved via the committee as what is currently in place (with cats) however this was not passed due to 25% against the motion.
How do you think we should handle this moving forward?
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Yes, well, strata law specifies that by-laws may not be discriminatory and I’m suprised someone hasn’t trotted off to NCAT to challenge your by-law on that basis (if only for a bit of fun).
Perhaps discrimination between cats and dogs doesn’t make the threshold but what about cat owners and dog lovers.
People will say that allowing dogs into your block leaves you open to everything from sleepless nights to rabies.
But, as I never tire of saying , there is specific legislation in the strata Act, namely section 158, which covers animals that have been allowed under a scheme’s by-laws but later prove to be a nuisance, hazard or interfere with residents peaceful enjoyment of their home.
So, when people say “what if someone has a yappy dog that drives us nuts” the answer is “Section 158”. Could it be that simple? In strata, anything is possible.
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.
You need to discuss the nightmare that is living in an apartment building with animals that can make you die, should you come in contact with their hair.
This is pet lovers versus death and hospitlisations. It is discriminatory to those with asthma and allergies for the sake of a few spoilt individuals who are cruel to their animals.
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