Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 August 2017.
Judy is looking into purchasing a strata unit opposite a park.
Judy tells her solicitor that she will not proceed unless she can keep Daisy, her beloved border collie, in the unit.
The solicitor obtains a copy of the listing contract for the sale of the property.
The contract reveals that the units were built in 2000 and that by-law 16 of the model by-laws has been adopted by the Owners Corporation.
Further examination of the contract reveals that there are no special by-laws that have been put in place by the Owners Corporation that relate to the keeping of animals.
The solicitor ascertains that option B of the model by-laws has been adopted by the Owners Corporation. This means that a unit owner does not need to obtain written approval to keep a cat, small dog, small caged bird or fish in a secure aquarium.
Unfortunately, Daisy could not be said to be a small dog. Judy is advised that she should obtain written approval by the Owners Corporation and that approval cannot be “unreasonably withheld”.
Judy is advised that if approval is not forthcoming, she has the right to go to the NSW Civil & Administrative Tribunal (NCAT) seeking an order that she can keep her border collie in the unit, but only after becoming an owner.
Judy obtains written references from a number of her fellow dog lovers, who are willing to confirm that Daisy rarely barks unnecessarily and that she is generally well-behaved.
Armed with glowing references, Judy approaches the Owners Corporation and written approval is ultimately obtained.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
