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  • in reply to: lease vs by laws #18376
    KEB

      ok… just to clarify a few things…

      I would love to have my dog here permanently that would be great, but I signed a lease with a clause saying she could stay occasionally. (the reason being – verbally expressed by the landlord- that she wanted to introduce the dog slowly, then if everyone was ok with it then keep her here full time). id have loved to have her here full time but was happy to accept this ‘compromise’. Nobody said anything to me about strata laws, getting permission from an OC or anything. Call me naïve but I just assumed that if the landlord oked it that’s all I needed.

      I’m on a 12 month lease. I don’t really want to move yet. I really just want to bring my dog home , and not face any consequences such as fines or eviction…. can they fine me or can I contest that if they do try?

      There are 3 units here,  2 owned by my landlord and one owned by the lawyer. The renters in the 3rd unit are happy for me to keep the dog here. I assumed the landlord and the lawyer make up the OCEC or whatever. maybe I’m wrong. I have sent a letter to the lawyer asking for her permission and I have emailed the lawyer and the landlord requesting permission.

      So far I’ve received no reply- what happens if they ignore my request or drag it out?? how do I get them to hurry up and respond?

      On talking to my landlord she said she intended to meet with the lawyer to discuss permission of the dog- the outcome of this meeting was the decision to ban dogs altogether (yes the landlord is a two faced tool!).

      I think seeing as she is in breach (for not seeking their permission on the dog in the first place) of the OC agreement the lawyer has threatened her and now she is siding with them to get herself out of trouble???????????

      in reply to: lease vs by laws #18358
      KEB

        oh thanks everyone, this is such a draining procedure!

        the current update is:

        i emailed the owners corporation to request permission. ( the OC is made up of my landlord and the 1 x neighboursowners that complained. this is a very small block of 3 units so the neighbours are the only ones i need approval from)…so far ive recieved no reply.

        however my landlord emailed me , ignored my request and stated that they, the OC have decided to amend the strata laws to rule out dogs completely!! (adopting option c) OMG! where do i stand now??

        if i signed the lease under one set of laws can they really change them to affect me whilst under this lease?

        what is wrong with these poeple??!!

         

        what will happen if i just decide to ignore them all and keep my dog here?? can i be evicted? or asked to leave? im sure i will recieve a notice to comply or something but the fair trading office said to pass on any such letters to the landlord as she is the one in breach.

         i know you all think i should just move, but its sooo ahrd to find pet friendly affordable properties here in sydney. plus the time and effort it takes to move etc. my dog is soo well behaved and has references from all the past neighbours…its such a simple request! argh! 

        in reply to: lease vs by laws #18230
        KEB

          thanks strata guru. I have since figured out that the by laws are in fact permissable of pets upon approval. …where it states also that permission cannot be unreasonably withheld.

          what would unreasonablereasonable be ?? who decides this?!

          I recieved a letter from the real estate that said something like:” The OC are within their rights to refuse permission so long as not deemed to be unreasonable. Taking into the close proximity of the neighbouring flats, their right to quiet enjoyment of and use of the shared grass area and the affect that having a dog present has on their habitation of the premises in which they reside, grounds for refusal of permission to keep the dog at the property are not deemed unreasonable.”

           

          This has been sent to me even thought there is no dog here and has not been a dog present at all yet. Our “close proximity” is infact that we are a detached building on our own with a 6 ft gate at the entrance of the property and a smaller gate at the balcony leading onto the common area. The dog would not be kept on the common area at all. If she were on common property I would be with her at all times.

          Im assuming reaonable would mean she is not kept on common property, she is not noisey, I clean up after her , I share with the neighbours her 3 references from past neighbours stating her lovely temperament especially with children and acknowledge any other concerns they may have with a dog etc. basically they would hardly notice her presence.

          How and who do i argue my point with?

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