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Buying into Body Corporate - Pet not approved...


Vizsla Lover
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I currently have a contract on a property in a complex of 4 Villa's in QLD. I have a condition in place that the sale is 'Subject to Body Corporate Approval of pet dog'.

In QLD Body Corporate are not allowed to place a blanket 'no pets' rule according to law. My lawyer sent a nice detailed letter about my dog requesting approval and informing them my dog is highly trained including current participation in dog sports etc. We have been advised by BC they deny my application due to 'potential noise disturbances'. My lawyer said this is completely unreasonable and they cannot use this as a reason to disapprove my pet. He is now writing another letter a little more stern this time, highlighting this as an unreasonable response and it must be a case by case basis plus including some cases at tribunals that have been rejected based on the same.

There have been multiple dogs in the complex in the past – apparently there were 2 small yappy dogs there previously and they barked all day – so fair enough they don't want that again – neither would I!!

I need 3 of 4 to approve pet. The sellers are 1 vote. 2 others are investment properties so renters are none the wiser and the main problem is 1 owner occupier. I obviously don't want to cause problems or live in a complex where they make my life difficult.. however, as said only 1 BC member lives there. I even went to the complex yesterday to introduce myself to her but no one was home, so I left a nice written letter telling her about myself and dog explaining I am a responsible dog owner & my dog is exceptionally quiet etc etc.

What would you do? I have been looking for 12 months – I ideally wanted a duplex but finding it tough to find. I love love this place and know my dog won't be an issue. If I get approval I don't want complaints every time she barks at something – which she will if there is a reason for it i.e: someone at door.

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Do you know if your request actually went to a bc vote or the bc manager just sent a standard "no" response? Has it been confirmed that the two investor owners are ok with it?

 

If so, I guess you have to see if you can get on side with the other owner occupier, see how she responds to your letter. It is pretty stressful to be worrying about your dog barking and people complaining but if you are confident your dog won't actually be much of a barker then hopefully the other owner will be reasonable.

 

Tricky situation!

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10 minutes ago, Simply Grand said:

Do you know if your request actually went to a bc vote or the bc manager just sent a standard "no" response? Has it been confirmed that the two investor owners are ok with it?

 

If so, I guess you have to see if you can get on side with the other owner occupier, see how she responds to your letter. It is pretty stressful to be worrying about your dog barking and people complaining but if you are confident your dog won't actually be much of a barker then hopefully the other owner will be reasonable.

 

Tricky situation!

I was starting to think perhaps the BC manager is just saying 'No' on behalf of everyone only because I haven't seen the official ballot responses and I know the current sellers to this property voted 'yes' for me and BC manager said "All owners deny pet" ... I am confident my dog will be very quiet however, I can't stop her from being a watch dog (within reason) so I would hate for them to complain every time she has one bark. But on the whole she is an excellent dog.

 

So tricky! I have been search Soooooo long and just love this place! 

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Don't think this will help, but we had a friend pull out of a similar situation because a small number of owners didn't want her cat in the complex. :/

 

She decided she didn't want the ongoing stress - she's been in her current home now for 8 years and her cat is 12 now. She also decided she didn't want those kinds of people as neighbours...

 

 

 

 

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agree with scottsmum. If this is a problem, imagine the dramas with a real issue.....

 

that said, I despise barking dogs, so could understand why the neighbour might be hesitant to be subjected to that again.

 

I bought a unit where we're allowed to have pets. Never applied through BC. To quote my neighbour - it's easier to ask forgiveness than ask permission. He was on BC at the time, so pets just moved in. We've got 17 units in the complex and I'd guess maybe 12 dogs. You never hear any of them.

 

My initial pets have died, and I've got 2 new dogs. Not an issue. I make sure I talk to my neighbours to check the dogs aren't annoying. I think if you're on good terms with your direct neighbours then you're pretty set. I let my neighbour know if her greyhounds have been unusually upset when I'm home. Not as a complaint, but out of concern as being noisy is out of character for them.

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Guest crazydoglady99

As someone who owns a property in a body corporate..

 

Run! And find a free standing house.

 

I'm serious. We are only 1 of 12 houses. But all it takes is one pain-in-the-ass owner, and every complex has one. 

 

Take it as a sign from the heavens, this place is not for you!

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As hard as it would be, Viszla, I’m with Scottsmum and animallover99.  Already you suspect the BC manager is not playing by the rules and if that is the case, I can’t imagine things would change.  And, as you fear, one bark from you dog would become “Your dog barked all day.”   
 

Whatever you do, I wish you the best.    

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I made an offer on a strata in NSW some years ago - 4 owners - and I made the contract subject to production of approval to have two cats at settlement.  And put the onus firmly on the seller to deal with the body corporate.  I got my approval and settlement went through without problem.  But mine was a term of the contract - so if there was no cat approval then the contract fell through.

 

Otherwise I agree with other posters.  I'd run a mile from here at this point.  Now too stressful and even if you now get approval any slight noise from your dog they will be down on you like a ton of bricks.

 

Now I'd avoid stratas full stop and buy a single standing home or Torrens title (if you have those in Qld).

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Update:

 

Firstly thank you to everyone for your words of wisdom and advice! It's always so nice hearing from fellow dog owners/lovers! 

 

The contract I have on this property has a condition 'Subject to Body Corporate approval of dog' - I did this for an out in case they did not approve, so all good on that front.

 

I went around to the complex today after work & introduced myself to the only owner occupier (member of BC) to get a feel for the type of person she is and what her main concerns regarding the dog are, to see if I could put her mind at ease... well.... she was very very rude to me and basically said "Absolutely no dogs. It will bark and the noise will travel to my place" etc etc. Toward the end I said "You do realise that in QLD you are not allowed to have a blanket 'No Pets' policy due to hypothetical reasons such as noise". She said "I don't care about the law. ALL the owners agree, no pets" (although she has cats). She ranted at me for a long time and was just not a very nice person :(

 

I walked away and cried. She would make my life so difficult. If my dog barked once I would get a complaint. I am not prepared to put myself into that environment. I'm so sad about losing this place but on one hand I'm relieved I met her and established this before things went further.

 

 

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Visla while it doesn't seem so at the moment, SM's right - you've dodged a bullet.  And suggest you now take a step back emotionally and start looking again!  The right place will come along - just takes patience, time and detachment!  Big hugs. :) 

 

ETA:  Oh and don't forget, there will be one very pissed off seller in that group now - they have lost their buyer.  And that will probably be very unpleasant with the seller and the other owner occupier at loggerheads.  You're best out of that as if the sale had gone ahead the owner occupiers anger would have been re-directed to you.  And when that owner occupier comes to sell the boot will be on the other foot - karma's a b*tch.

Edited by westiemum
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Guest crazydoglady99

Big hugs Visla! You definitely dodged a bullet. Good on you for being diligent.

 

Something wonderful is always just around the corner, so don't give up!

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Just a thought Visla... Where and what are you looking Visla?  IF you don't mind me asking your broad price range?  Regional?  North or south of river in Brisbane?  Particular area?  2,3,4+ beds?  Baths?  If you let us know we can all keep an eye out for you?  And you never know, an off-market opportunity might come along if we know what you are looking for :). 

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