Owners pets and strata

Hi all,

Just a question in regards to Strata and having my own pets in my own apartment (purchasing a unit in a 5 complex brick wall up) Brisbane.

I have placed on my offer a clause that states I need approval for my 2 dogs, medium sized huskies, inside very well trained dogs that don’t make a sound as aged 10-12.

By Laws state that this needs applied for and may be declined by majority vote by the 4 exsisting members on the board.

I’m concerned it may be given a no, and therefore won’t be able to purchase.

I understand not allowing tenants to have animals if that’s the choice but surely if I own the property and am keeping pets off common property it can’t be declined? Is there any difference in rules here or rulings that have allowed owners to purchase.

Thanks in advance!

 

I'd say if it's in the by law then yes it can be declined, depending on member of the board (I.e. if they don't like pets).

A friend of mine in NSW gave the selling agent ultimatum that if her 2 dogs not approved pre sale, she's not buying. Not sure if you can.do the same tho

 

Can do the same, solicitor has drafted up a clause to protect in the case of not being approved. However I know 2 of the members are oversea’s investors and I’m told are not very accommodating or accepting to these sorts of things. It’s a blue chip area of Brisbane and everyone has dogs so it’s a shame!

 

Hi Codie,

Bodies Corporates can not just 'blanket ban' pets.

You may seek approval and approval cannot be unreasonably withheld.

A Bodies Corporate may impose conditions upon granting approval.

Some good reading by Frank (07 3193 0588 ) at Hynes Legal:

Can a by-law prohibit pets? - Older news

Further evolution of the pet by-law - Older news

Can a body corporate be allergic to pets? - Older news

 

Did you also mean other Owners and Residents in the Complex have pets? Then there’s no reason for them to decline. But if you are the first, I’d say it’s a little harder.....

Personally I think there should be two types of a complexes, Yes to pets, and No. Each would choose bone that suit.

 

I am a body corporate manager in Brisbane and agree with this answer. Bodies corporate certainly can decline pet applications, however can only do so reasonably. That means they can't make arbitrary decisions, and must give each request reasonable consideration.

If the committee declines the pets, a lot owner or occupier can appeal the decision to the BCCM Adjudicator (on the grounds that it may be unreasonable). You would not have standing to appeal that decision unless you had settled on your unit, making you a member of the body corporate.

Matt

 

What would constitute a reasonable consideration?

A husky might be a medium size dog, but surely they need lots of exercise? How are you going to do that and "keep them off common property" - are you going to crate them in and out of the building twice a day?

 

All all, thank you for your answers it is most helpful. Especially Michael and Matt

Yes i did mean that others in the "area" had pets not in that exact complex. i think we may be the first..

We have specifically picked and chosen Units to offer on based on one level up with straight access into the Unit without crossing any internal common area's or in anyway crossing paths with other Units. In this case, the only common area you walk across is the drive way after parking your car in the first level garage (no units on ground level) you then walk up 1 set of stairs and into your own unit.

Also, our huskies are aged 10 & 12, getting on in age and actually do not require much exercise at all, would sooner sleep, dont bark, howl or make any noise, and spend all day inside in Air cond. Being as considerate as i can, i really cant see it being un reasonable at all.

 

Assuming it's given a yes, and someone doesn't like it, this might be helpful...

QLD: Q&A I've got allergies. Can I stop my neighbour from having a dog?

And I appreciate the complainant's view, and the pet owner's "right" in relation to their own lot, but I assume the outcome is going to be a bit messy for the OC..

 

Thanks Matt,

As Qak rightly pointed out

“What would constitute a reasonable consideration?”

I assume the fact that they are over 30kg each would be unreasonable to some given it’s 120sqm apartment. I notice on franks site he mentions they cannot discriminate due to weight as a heavier dog does not constitute as any more of annoyance than a small dog.

I would love some advice on how to word my application to the committee to help my case. It sounds like any approval won’t be sorted before finance or possibly even settlement so unfortunately we may end up purchasing, and then finding out an answer after the fact.

Then if they say my babies have to go.. things may go from diplomatic to.. well.. violent haha

 

If they give permission, is it permission for 'those' dogs, or for 'any' dogs?
If you were able to point out their age, quietness, & sedentary habits that might help your case. From the strata view think about what happens if you wanted to replace them?

 

Writing up a short info sheet for both dogs with pictures (them being lazy/cute etc) might help too, you know .. like people do for rental properties.

You could title it, Chonkin Good Bois, have some memes etc /sarcasm

 

Thanks @Codie , you gave me my 1000th like.

Note that I understand that if your application were refused, but reasons not given, then this may be deemed as unreasonable refusal in any Tribunal hearing.

I'm not sure how the dice would fall if you just ignored the refusal, and let the OC go to (unsuccessful) mediation, and then to Tribunal, where they would have to supply corroborating evidence (eg. complaints from other neighbours about things such as noise, smells, animals on common property, etc), reasons for refusal, to support their case.

It might also be argued in your defence that the Special By-law is harsh, and therefore invalid, in which case the OC might have to ditch it

Downside is it costs time and money. Worse downside is that they might have a Recovery of By-Law Enforcement Costs by-law, which might cause some financial pain if their Tribunal application against you was upheld.

Of course, there is also an appeals process for any Tribunal order...

 

Apologies in advance.... this may not be funny for some, but when I saw this I thought of this thread.
Just sharing....

Neighbours’ water fight over barking dog ends up in court

 

I don't believe BC/Strata's can say no anymore even to tenants, I would think you would be able to have your own dogs in your own apartment the only issue is the size, you will need to check with your BC and it still may need to go to a vote.

 

If you were asking on any strata I was a part of, it would be no too 2 huskies, with the advice of buying a house.

Units are not the place for large dogs, and it baffles me to think 2 dogs of that size would be ok with people in such a small living and shared common space.

 

I think if you seen the complex it would be different, would you have a different thought on a townhouse?

Because the layout basically is closer to a townhouse than a unit, the only common area on the way in/out is the driveway. So from my point of view, it doesn’t affect anyone else what I have in my unit. If this was a bigger complex, multi story, etc etc. I would completely understand and wouldn’t even attempt it.

Anyway, I have purchased it. Moving in 3 weeks, have applied and may not hear back in time so it will be a case of then appealing as will all ready be in.

In terms of buying a house, I don’t think they can use that as reasonable advice, some people may only have the option of being able to purchase a Unit and not have the budget for a house, 70% of the population have animals so should they just forego the right to purchase their own place?

 

I'm sorry but I beg to differ, you don't know the dogs and their habbits. You can't make assumptions like that.

Yes a unit may be to small, on the other hand no it might not be. They don't sound like working dogs, they

Sorry I beg to differ, you can't assume that a big dog needs a space 20 times bigger than themselves. There's so many other factors to this.. you just can't assume, you don't even know the dogs.

We have a border collie .. he sits inside a house all day, would rather be inside than out, unless we're all going out .. doesn't run around, doesn't go nuts and doesn't bark. A unit would be perfect for him..

These dogs are older and by the sounds of it are pretty lazy, they're going to be in their little sitting spot all day I would say.

 

Wow I fudged that posted up completely..

 

Maybe.

But I do not think your starting off well with your co owners if they do not want large pets.

If people want large dogs, they need to provide for them, that is about as simple a way as I see it, most would not be doing right thing by animals that size if in a unit, nor neighbors, but there is people who could make it work.