momosan

There have been several cases where dog owners have won the right to keep their dog in the apartment. just because the body corp passes a rule it doesn't mean it will hold up in court.

You can probably even represent yourself....many courts will treat you better if you are acting for yourself. Redfern legal aid has an animal section who will have some knowledge in this area.

Don't back down........

Thank you so much "Dogslife". I will try Legal Aid as our mediation has failed. I rang the Strata Manager and he even said to me that everything is ok now that we have moved. He said we can reapply to have animals when we decide to move back! We might be a ble to generate more support then. He didn't even tell me that I can go to adjudication or anything! These people really make my blood boil. My dentist told me a couple of my teeth are cracked and it's usually due to stress. I just had some work done due to that. ARGH!

Are you in Syd? If so I can put you in touch with a lawyer who won a case againt the BC of the Horizon Apartments when they suddenly tried to kick her dogs out. I dont know how much she charges but she's quite the 'pit bull' as a lawyer. Great chick.

Yes I am in Sydney. I may need a lawyer at a later stage as we're going to mediation and I intend to take it up to the Adjudication. I am thinking of taking action outside of the Strata Law against the individuals who had made our lives hell this Christmas depending on whether we have a case.

I'd be thinking along the lines of bullying, discrimination etc. If your husband is on the committee and didn't know about it??? That is very strange. What a bunch of idiots. Such a shame the housing market is so crazy at the moment. They can't change the by-laws and expect you to abide by it when you had your dog prior. Also - they would require evidence that dogs hurt/injure old people, and in the wording that ALL dogs carry diseases etc that could be potentially harmful.

BTW we rent with our pugs and although it is difficult to find a decent place - there are pet lover property owners out there that will agree to pets - especially if you can prove how well you've taken care of them etc etc.

Thank you. We've looked a couple of properties that will allow pets or consider pets although they are too small for the family. We still have about a month to look and hopefully.....

Our mediation date has been set 22/1/09.

Sorry - didn't see this. Not sure what a strata lawyer will charge but it won't be super cheap. If you're only renting my recommendation is move out. If you own it and can't afford to sell easily (and lets face it, who can) then IMO it would be worth getting some decent legal advice quickly.

IMO?

We've just lodged the Mediation application. Just taking a step at a time. I've gathered the chances are slim and not sure if I can afford a lawyer. We're looking for rental accom that will allow pets - another hurdle but we're trying. There is no way we're giving up our pet.

Fingers crossed.

If you're in NSW I know quite a bit about Strata laws - get a lawyer but you may still lose depending on the wording of the by-law.

If the by-law was put in place after you moved in did you attend the AGM at which the resolution was passed? If not that probably wasn't a great idea. Strata laws are very strict, and for a reason, it is not easy to win if you have done the wrong thing under the laws.

Can you post the wording of the by-law? Best bet is to not be antognistic at this point as it will just makes other dig in their heels. Are there any owners in the block who are happy with you having a dog? If so you need to get their details. If not I would say you're screwed sadly.

ETA Seriously - reading what you've written if your OH is on the Executive Committee and the by-law was passed without him you may have a case but NOW is the time to get legal advice - ring the Law Society and get a referral to a strata law specialist (you may well get my boss - whoever you get will only be able to act if they don't already act for the Strata Manager). In my experience Strata Managers are very good but they're guided by their Owners Corporation. If yours don't like dogs you're going to have an uphill battle. Doing nothing will mean you lose - you have to fight PROPERLY from the beginning. Good luck.

Trish

Well they passed the ByLaw 16 which excluded/deleted the 2nd point which states "The owners corporation must not unreasonably withhold its approval of the keeping of animal on a lot or the common property". That means they can unreasonably withhold or allow.

The more I go into this the more I think I won't stand a chance but I'll have to try.

Thanks to all for your encouragement and thoughts.

If you're in NSW I know quite a bit about Strata laws - get a lawyer but you may still lose depending on the wording of the by-law.

If the by-law was put in place after you moved in did you attend the AGM at which the resolution was passed? If not that probably wasn't a great idea. Strata laws are very strict, and for a reason, it is not easy to win if you have done the wrong thing under the laws.

Can you post the wording of the by-law? Best bet is to not be antognistic at this point as it will just makes other dig in their heels. Are there any owners in the block who are happy with you having a dog? If so you need to get their details. If not I would say you're screwed sadly.

ETA Seriously - reading what you've written if your OH is on the Executive Committee and the by-law was passed without him you may have a case but NOW is the time to get legal advice - ring the Law Society and get a referral to a strata law specialist (you may well get my boss - whoever you get will only be able to act if they don't already act for the Strata Manager). In my experience Strata Managers are very good but they're guided by their Owners Corporation. If yours don't like dogs you're going to have an uphill battle. Doing nothing will mean you lose - you have to fight PROPERLY from the beginning. Good luck.

Trish

So, even if we've had written permission before the by law was passed, we still don't stand a chance? Unfortunately out of the 18 units in our block only 3 -4 units don't mind dogs. I will post the wording tonight however I am not convinced our Strata Mgr is telling us the truth when he said "animals" (exact wording in By-law) does not include caged animals such as birds or rabbits which are animals the other 2 units have. Is this right? I attended the meeting that they passed the By Law and was outnumbered.

How much do Strata Lawyers charge per minute/hour? We know we won't win but thought we'd go through the mediation anyway and in the meantime searching for place to move to. I am in NSW.

By posting the wording of the By Law, am I at any risks?

Going decades back when strata units were new in NSW, not allowing pets was one common by-law. I heard there was some change a couple of years back that did allow them, but the BC could change that or stick to the original. I've also heard that some modern apartment blocks are allowing pets nowadays.

Reading that link to the NSW Law Society I notice there's at least one ambiguous bit of info in the rental section, which makes me wonder what else they've not made clear.

I'm confused by your post - if the BC is invoking a by-law or clause that already existed, does that mean you got the dog when it wasn't allowed? If so, I don't understand why you'd do that. Or is this a new by-law they've made? One reason I think to be on the Committee, at least you get a say in what goes on.

The By Law 16 was only passed after we've had our pets and my husband is on the committee but he wasn't even notified about the action they were taking until we received a letter from our Strata Mgr.

I will NEVER return my Lhasa nor abandon him that's why we're trying to look for a place that will allow pets to rent before the Body Corp serves us the notice to remove the dogs. Or they will apply to fine us. First fine = $550 and the second will jump to $5500. I'm not about to let them have my $ but I'll definitely continue with the mediation.

This building used to have cats and dogs but all of the owners sold out and moved away except one other unit and myself. Hence we are outnumbered. I acquired my Lhasa before they passed the By law and that's why we are going to mediation and hopefully we have a chance This is no longer a matter whether we still want to live here, but a matter of letting them know they can't impose their unreasonable views on us.

The reasons they gave are ridiculous and completely brainless and here is another one I just remembered - human beings and animals should not live together.

There is no way in the world I will buy another unit to live in again. Units are good for investment if you don't care what happens in the building as long as the rents keep coming in.

I get so mad just thinking about this.

Yes we've been served. Yes the body corporate has imposed their By-Law 16 to forbid us from having a pet in our unit and to fine us if we don't comply. Their reasons for not wanting dogs in the building? Here goes:

-Dogs are dirty and carry disease, germs and fleas through the common areas

-Dog treading through the carpets and tiles will contribute to the wear and tear

-Dogs may jump up on the elderly senior citizens and potentially hurt or injure them

-Dog may attack and may attract a lawsuit and extra hassle of going through litigation to prove the strata has not been negligent

We'll carry and restrain our dog when we go out for a walk. No, that's not good enough. All dogs out!

Is it just me or are they a bunch of ignorant no-brainers?

This issue has affected my family greatly as our 7 year old Lhasa Apso is well behaved/trained and doesn't even bark and very much a part of the family. It'll probably destroy us if we have to return him to the pound where we got him. It is most upsetting to be forced to leave a home we rightfully own and purchased. Selling our unit is not wise at such a time, we certainly can't afford to purchase another property and trying to rent a place that will allow pets is harder than drawing blood from stone.

Can I sue for pain and suffering? Maybe not.

Yes I am going to Fair Trading for mediation but my chances of staying is slim.

My advice to animal lovers out there buying a unit, strata scheme can change their By-Laws to forbid animals in future even if they've allowed pets before.

Here's a link to get you started:

http://www.lawsociety.com.au/uploads/filel...55815147537.pdf