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A pet free by law was just passed at a EGM as a special resolution. I had moved in to my unit a couple months prior to the EGM with my pet dog and at that time i was told there are no registered by laws. I opposed the motion but was told the dog must go and the reasons given were (1.dont want the dog going to toilet in the garden 2.dont think a dog should be indoors.) After the EGM the OC registered the no pet by law and a notice to direct attention to by laws set out in schedule 1 strata schemes management act 1996. No complaints have been made about the dog and it is kept off CP. I did not ever get written permission to keep the dog as it is a family owned block of 5 and apart from myself my auntie and her partner own 3 and my uncle 1. My auntie is the strata manager, OC chairperson/secretary and her partner the caretaker and any other role they chose to be and they vote on behalf of my uncle without a proxy form. I have no say and as they put it no power so my vote doesn't matter. If my pet was here before the by laws were registered and there was no proxy form for my uncle thus giving me more then a 25% vote due to my unit entitlements can my pet stay?
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If the vote was conducted using an “assumed” proxy but without any signed proxy form, you can certainly challenge this at Fair Trading and the CTTT. In simple terms, you only need 25 percent of effective votes at the meeting to knock the by-law over. It might be worth checking if the other votes were valid too – if your rells hadn't paid their levies, they can't vote. Also, look at unit entitlements – they can come into play in a tight vote and you could, theoretically, have 25 percent of them even with your absent uncle's vote counted.
To be honest, your building sounds so dysfunctional (I recall your previous posts) that I would be applying to the CTTT for the statutory appointment of a strata manager to get all your common property repairs issues dealt with properly.
In fact, before you do anything, talk to a specialist strata lawyer. It will cost you money but it sounds as if you are so far behind the eight-ball on this and other issues that a moderate investment in legal advice will reap serious benefits in terms of the value of your home.
But first, call Fair Trading on 13 32 20 and ask for a mediation which is the first step you must take before action at the CTTT.
Manwhile, have a look at the rest of our 'Pets or pests' forum where you may find some encouragement. And don't worry about the dog – there's a lot of hoops to be jumped through before your pet is evicted – if, indeed, that ever happens.
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.
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