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  • #7541

    My neighbour has a dog, (In an apartment) dog loves to bark, neighbour is either un-willing or unable to curtail the noise made by his pet.

    We've spoken to him on many occasions, contacted the strata manager, and even complained to the local council, all to no avail.

    I work shift work on a rotating shift for an emergency service, and often times i'm on-call, so trying to sleep with ear-plugs is not an option.

    I'm almost at my witts' end with this, as seemingly every entreaty to my neighbour is either ignored or ineffective.

    HEEEEELP!!

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  • #13427
    Jimmy-T
    Keymaster

      Councils often won't get involved in strata becasue the structures exist for this to be remedied internally.

      So, do your by-laws contain anything specific about pets?

      Do they contain anything about “the peaceful enjoyment of your lot”?

      That's your starting point.  More advice will be forthcoming once that's been established.

      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.
      #13429

      JimmyT has asked the right questions.

      Is there a pets by-law in your scheme?

      Did your neighbour obtain the required consent to keep his pet in his lot?

      Is there a noise by-law which requires owners to not create any noise that is likely to interfere with the peaceful enjoyment of owners or occupiers of another lot?

       

      Simone Balsara

       Lawyer

      TEYS Lawyers, The Strata Law Experts
      02 9562 6500 – 1300 TEYSLAWYERS
      Suite 73, Lower Deck, Jones Bay Wharf
      26-32 Pirrama Rd, Pyrmont NSW 2009

      #13430

      G'day Jimmy,

      The by-laws for our building, as far as i've been made aware, state that permission must be obtained from the body corporate for a pet to be approved. We're renting, so we're not really in the loop as to the governance of the building, however, i've spoken a couple of times to people on the board, and have been told that the neighbour chappie hasn't gained permission for his dog (he's an owner-occupier).

      There is a strata by-law pertaining to the rights of “peaceful enjoyment” which iv'e quoted in my correspondence to the strata management several times. I can't really say what effect this has had, accept to say that the noise continues.

      The dog is housed on an up-stairs court yard, which is adjacent to our bed-room, all day & quite often most of the night as well, and I'm well aware that the poor little blighter just wants in from the southerly exposed aspect of its' confines.

      I do have sympathy for the dog as i'm a dog lover myself, however i wouldn't own one where we live out of respect to the proximity of our neighbours, and the fact that I don't reckon it's the right thing to do to a critter.

      I'm coming to the opinion that the neighbour is just having a laugh at us because we're renters, after his response to the last time we spoke, being that he'd by an electric collar for it. It seems to be his tactic to ignore the entreaties to his decency & take some sort of steps to mitigate the noise from doggie.

      Cheers.17

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