Flat Chat Forum By-laws and outlaws Current Page

  • This topic has 2 replies, 2 voices, and was last updated 1 month ago by .
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  • #56482
    TrulEConcerned
    Flatchatter

    Hopefully this is the correct place to park my two questions.

    As we know the “no pet” by-law in NSW is no longer enforceable.

    My questions are:

    If a strata is yet to decide on how to replace the no pets by-law and someone broadcasts that in 4 weeks they will house a dog on the premises, can the OC act as though the Model by-law has been adopted by the strata and behave “reasonably” with the proposed pet owner? That is wave the (apparently straight forward) application through? Or must the old by-law be formally amended by adopting the Model or some other text in its place before the dog moves in?
    Say the Model is adopted at a meeting of the OC and soon enough the pet moves in. When the by-law was adopted, a counter view for a more prescriptive by-law did not garner enough support. A few months later, folk are agitating for the more prescriptive by-law as the Model fails to address pet owners’ and their pets’ behaviour satisfactorily. What is the procedure to amend the Model (which was itself an amendment to the no pets by-law”) and how expensive would it be?

    Thanks in advance for your advice.

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  • #56486
    Jimmy-T
    Keymaster

    If a strata is yet to decide on how to replace the no pets by-law and someone broadcasts that in 4 weeks they will house a dog on the premises, can the OC act as though the Model by-law has been adopted by the strata and behave “reasonably” with the proposed pet owner?

    In a word, no. My understanding is that the by-laws have not been altered by the Court of Appeal decision, just that they will be harder if not impossible to enforce if someone breaches them.

    That is waive the (apparently straight forward) application through? Or must the old by-law be formally amended by adopting the Model or some other text in its place before the dog moves in?

    Yes, you need to formally adopt the new by-law, even if it’s the Model one.  The only circumstances that I can see where the Model by-law was automatically in force, would be if the old by-law had been officially rescinded with nothing put in its place.  Even then, you’d have to agree on which of the model by-laws the scheme preferred.

    The only obligation on the Owners Corporation is to act reasonably.  A reasonable OC that had a blanket “no-pets” by-law, which we know is unsustainable,  would sensibly move to create a new one that was both legally sound and reflected the wishes of the majority of owners.  But, to reiterate, the by-law has not been revoked – it has just been made harder to defend if someone challenges it.

    I am not a lawyer but some might argue that the owner who brought the pet into the building did so under the old by-law which still exists. Thus they have brought the pet into the building knowing that it wasn’t welcome. You might also argue that the Owners Corp’s delay in creating a new by-law did not mean that there was no by-law or that the Model by-laws had been adopted.

    The prospective dog owner should be made aware that they could still be issued a Notice To Comply and they may have to go to NCAT to plead their case (albeit, with the very high likelihood that they will win). However, if one of the model by-laws had been adopted, then that is what the dog owner has to go by.

    What is the procedure to amend the Model (which was itself an amendment to the no pets by-law”) and how expensive would it be?

    An amended by-law is basically a new by-law.  You need a general meeting and a vote of more than 75 per cent of those attending in person or by proxy.  It costs whatever it takes to draft a new by-law (or amendment) issue the agenda, stage the meeting and register the by-law, and the cost partly depends on whether you get a lawyer to draft the by-law, take one off the peg or try the DIY approach.

    • This reply was modified 1 month ago by .
    #56492
    TrulEConcerned
    Flatchatter
    Chat-starter

    Thanks for the comprehensive reply.

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Flat Chat Forum By-laws and outlaws Current Page