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Topic
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I bought my unit in South Australia 6 years and 5 months ago.
When I bought I had 2 small dogs. The unit was allowed 1 small dog. The land agent told me that it shouldn’t be an issue as everyone was easy going.
The by laws allow a small dog in unit 4 (my unit) and a bird Avery in unit 6.
I then spoke to 4 of the other owners (there are 6 units altogether) and they all said it was fine, that many other owners had kept small dogs even though it wasn’t written in the by laws.
At the strata meeting run my (Strata Data- our body corporate) I again brought it up. Again everyone said it was fine but the Strata Data person wouldn’t allow it to be on the record as it was not a meeting agenda topic.
That was over 6 years ago. I have had a falling out with one of the neighbours over an illegal dog in a newly rented unit. It was a ridgeback puppy that howled and whimpered for hours and hours when the tenant went to work. Very very annoying. Someone complained (not me) and he had to get rid of huge dog. He blames me and his friend, an owner in another unit has now mentioned that I have 2 dogs. She was one of huge people who okayed it all that time ago.
I have written permission from 4 of 6 units to keep 2 small dogs but cannot get this lady to approve. I’m hoping that the owner of unit 3 whom I have no contact details for will approve. If she doesn’t what are my choices. I believe you need a majority vote to change a by law. So 4 of 6 wouldn’t be enough as 75% is 4.5.
I also have a 17 year old cat which is purely an indoor cat that she has brought up.
Other owners had intermittently owned or looked after dogs and the lady in question has intact looked after her sons large dog. It actually jumped through her screen on her window and growled at people outside. She also had a boyfriend stay every second weekend for years and he would always bring his dog.
Sorry for the novel:
Any ideas???
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Replies
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Narelle
There are a few problems with the approach you have taken. Firstly, don’t believe what an agent may tell you regarding the attitude of the other owners.
The by-laws are in place to be observed, and you have more animals than permitted. Although some of the owners have tolerated your breach over the past 6 years, you cannot assume that all the owners when you bought are going to stay there in perpetuity, and if they are replaced by owners with a different level of tolerance then where do you stand?
You could have in the past applied to change the by-law to accommodate your pet situation, and still have this opportunity. But if you do you must get the matter listed on the agenda prior to a meeting so it can be voted upon. If it is voted down though you must be prepared to abide by the decision. You could ignore the current complaint and see whether it is further pursued.
It makes the other situation regarding parking difficult for you, if you find yourself out of favour with the other residents over the pet issue, you may not get a great deal of sympathy from them or the Strata Manager.
Strata Law in South Australia was updated last year and it’s probably fair to say that how it all plays out is yet to be seen.
THIS FACTSHEET from the SA government law handbook explains the dispute process which is quite simple – you can sort it out in the strata scheme, you can go to mediation (to get a non-legally binding agreement) or you can take it to a Magistrate’s Court.
Interestingly, among the things the court can do is “deal with disputes where an occupier of a unit claims to have been prejudiced by the wrongful act or default of the strata corporation” and where “a member of a strata corporation [an owner] claims that a decision of the strata corporation … is unreasonable, oppressive or unjust.”
Among its many options, the court has the power to
- order a party do something;
- order that a party refrain from any action, or stop doing something;
- decide on the validity of an article [by-law];
- decide on the validity of a decision of the corporation;
- order that the articles of association [by-laws] be altered;
- reverse or vary any decision of the corporation or management committee;
- award money as damages or compensation;
So, as DaveB suggests, you could do nothing and let them make the next move. My recommendation would be to go to mediation where you would offer not to replace one of your dogs when it expires (as doggies do) but continue to keep it under what has become accepted practice in your scheme.
If they insiost on pursuing it, I think you have a reasonab;e chance that a magistrate would see this for what it is and your owners corp would have to be mindful of the consequences of being over-ruled in this way.
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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