Tuesday, 28 April 2009

by-laws: keep the dog!

The NSW CTTT Strata Division ruled in favour of keeping 'Oscar' at a unit in Coogee. It was a tricky case where the body corporate twice refused 'permission' to keep a dog and then attempted to change the by-laws during the dispute to block our members' application.

The lesson to responsible pet owners is clear. Persist, do not surrender.

The Tribunal held that the refusal was not reasonable. It clearly ordered that just because there had 'never' been pets, and the refusal of pets has stood for decades, that was not a good enough reason to say NO PETS. In granting the owners' permission, common-sense orders were also made to appease the opposition such as entering or leaving the Strata by the most direct route and cleaning up as required in the common areas.

This is a significant ruling in NSW and we need to keep getting these issues before the tribunal and courts if we are going to accommodate our pets as our homes get smaller and our communities more densely populated. Members page on renting with pets and pets in strata. Read this judgment here.

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