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Our strata scheme has a Special By Law, registered in about 1998, which prohibits the keeping of animals. About a month ago 2 lot owners ( out of 20 lots) wrote to the EC requesting the EC give them an exemption from compliance with this Special By Law. EC, via our strata manager, responded saying we did not have power to give exemptions. These two owners also stated they believe the By Law is now illegal ( because of new model by laws coming in on 1 July) and therefore EC has the power to amend the by law now without taking to an EGM .
We received another letter from the 2 owners on 28 January demanding urgent action. This second letter stated we are just “hiding behind bureaucratic process”, that we are also breaching the Anti Discrimination Act by not allowing them to get an exemption to keep animals and that we could be liable for suppressing the price of their property by having such a By Law! The protagonists (who have lived at the property for about 7+ years but only raised this matter in early January 16 when most people were away) stated we should be able to sort out the matter with urgency without the bureaucratic process of an EGM. “thats why we have an EC” is their view.
The EC have stood firm and said we will call an Extraordinary General meeting within the next 6-8 weeks. This will take time as we will have to get a proposal/ draft by-law prepared so there is something tangible to put to the EGM for a vote by owners
I am a member of the EC. As well as being guided by the Strata Manager all EC members are reasonably informed on strata requirements and feel confident our only course of action is calling a General Meeting of owners and let the majority decide. We cannot allow a few to try intimidation tatics to push through thier preferences.
Are the EC being obstructionist in this matter ? We think we are just complying with the law and doing the right thing by all owners!
Any thoughts that we are not following the correct procedure would be gratefully received Many thanks
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Tell them they’re dreaming. The fact that they quote an optional by-law, and one that isn’t even on the statute books yet, shows that they have no idea about the laws that they are threatening you with.
That they also think the EC can overturn by-laws shows that their ignorance of the law is remarkable, even by the low standards in strata generally.
Current by-laws are not affected by the new model by-laws, unless the OC meets and agrees to adopt them (with a 75 percent vote at an AGM). Otherwise they really only apply to new buildings that adopt them as a matter of course (and even then, they can pick and choose)
By-laws can only be changed by a “special resolution” at a general meeting or by the orders of an NCAT adjudicator or Member (which ain’t gonna happen).
The current by-law says no pets and, right or wrong, to make an exemption would be to disadvantage owners who don’t want animals in the building.
They are free to lobby owners to get them to vote at a general meeting but they really need to stop making empty threats based on misinformation. Tell them to stop or you will make all the owners aware of their bullying tactics.
To be clear, you are right and they are wrong on so many fronts.
By the way, if they do push this to a general meeting, make sure you also have an item on the agenda that defines an “assistance animal” as:
An animal that has been trained and accredited by an Approved Organisation as Assistance Animals to alleviate the effects of a disability.
And the owners can provide documents detailing the training undertaken at an facility accredited by an animal training organisation prescribed by Section 9 of the Disability Discrimination Act.
I say this because the latest trick for people who want pets in pet-free buildings is to say they are assistance animals. Not only does this make a mockery of by-laws, it undermines the credibilty of people who really do need assistance animals.
These people moved into the block knowing it didn’t allow pets. If they have changed their minds but the other owners haven’t, then they should be looking to live elsewhere.
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.
Jimmy T thanks so much for the comments and quick response ( and especially for helping the EC realise we are not mad but the protagonists probably are!) The community service you give through this web site is excellent
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