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  • #7229
    Anonymous

      I dont know if I fall into ByLaw 16 Option A (“…. Need approval by OC … no unreasonable request will be denied”) or Option C (“no pets). Owners Corp had meeting to vote in Option C. This was registered with Titles on 11 Sept. I exchanged contracts on 4 Aug 2010 and settled on 7 Sept 2010.
      In July I viewed my unit at open house. I saw a man carrying small dog into the block and asked him if he lived here and were animals allowed, to which he answered yes to both. The unit I was viewing had a cat living there apparently for a few years so the real estate agent told me. Knowing this I didnt pay particular attention to any changes regarding animals. My solicitors had a strata search dated 6 Aug 2010 advising of the upcoming repeal of By Law. Solicitors did not advise me of this, in fact they werent aware of it until I rang them recently to ask what was on the search.
      I wrote letter applying for animals dated 20 Aug 2010. I tend to think this current OC board members have had their own “house rules” to Keeping of Animals as in Meeting Minutes theyve stated “….this block has always been a no pets block” and never gave permission for any request of a pet even though the By Law was under Option A. The OC have now served a Notice to Comply otherwise we go to the CTTT. What are my chances of keeping my 2 small older house dogs? Lyn

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    • #12430
      Anonymous

        Sorry Ive made an error in my above letter. The chanfed of By Law was registered with Titles on 11 August 2010 (not Sept). The OC’s meeting to vote in the change was on 2 Aug 2010.

        #75551
        CK2202
        Flatchatter

          Do strata by-laws supersede acts such as the equal opportunities act or disability act?

          #75556
          Jimmy-T
          Keymaster

            Do strata by-laws supersede acts such as the equal opportunities act or disability act?

            No, it tends to be the other way round.  I can’t think of any law that doesn’t supersede the strata Act (but then I’m not a lawyer).

            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.
            #76509
            Newcastle_SM
            Flatchatter

              Current NSW Legislation in Strata Plans (Section 137B Strata Schemes Management Act 2015) does not allow for an Owners Corporation to reasonably refuse pets. I have seen OC’s go to NCAT who decided that 2 x dogs was not “reasonable” and they lost.

              You must however apply for approval via your strata committee.

              I have a picture of a goat on a third floor balcony. I think that one would be seen as unreasonble.

              Community Title is quickly catching up with some further updates the the legislation expected this year.

              It would not be reasonable to refuse a legitimate companion animal that was appropriately registered.

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