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VCAT ruling declares blanket ban on pets in apartments, units & townhouses to be illegal

Discussion in 'Property Management' started by JacM, 6th Sep, 2016.

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  1. JacM

    JacM VIC Buyer's Agent Business Member

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    Last edited: 6th Sep, 2016
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  2. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Very Bad for the responsible pet owners...
    As for my self , have witnesses neighbour bringing their CAT to poo under another neighbours' kitchen window... Wonders never cease...
    You cant legislate against XXXXXX! ( insert unpublishable thought!)
     
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  3. Gockie

    Gockie I'm an ISTP-A female, so I might be a bit quirky! Premium Member

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    I think you misunderstood. The headline has 2 negatives... Therefore having pets is legal.--> Pets permitted. Ban on pets is illegal.

    I will say the headline probably could have been expressed better and clearer though.
     
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    What next? An extension of this decision to houses removing the right of homeowners to decide their own pet policy?
     
  5. kierank

    kierank Well-Known Member

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    I believe a blanket ban on ALL pets should be illegal. Surely, people can have a pet goldfish, a pet budgie, a pet canary, etc.

    I can also understand that a body corporate wouldn't want a open slather policy on pets. I wouldn't want a horse in the apartment/townhouse next to mine .

    Surely the sensible approach would be for residents to apply to the body corporate for a pet and all 'reasonable' requests should be granted. The resident could be asked to sign a Code of Conduct so that expectations are managed.
     
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  6. D.T.

    D.T. Adelaide Property Manager Business Member

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    I think body corp shouldn't have a say in pets.

    The individual unit owners can still choose their own tenants and approve / decline requests for pets.

    PMs and / or body corp mgmt can still deal with noise complaints or damage complaints the same way.
     
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  7. Big Will

    Big Will Well-Known Member

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    How dare you tell me I cannot have a horse in my 2 bedroom unit, it is a free country and if I want a horse I will have a horse!
     
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  8. Ed Barton

    Ed Barton Well-Known Member

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    Unless the horse is the famous mister Ed.:)

    That's not really practical. Potential owners or tenants want to know immediately whether fluffy can move in with them, not have to wait months for a BC meeting and decision.

    The more practical way would be for pets to be treated like any other occupant by BCs. If the pet is creating smells, noise etc, let the BC deal with that. The horse can stay if it's quiet and odourless. The gold fish goes if it has loud parties every night and stinks.
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    Daddy.....I want a pony!
     
  10. Lil Skater

    Lil Skater Well-Known Member Business Member

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    Note this ban only applies to the blanket rule, not to pets causing a nuisance. You can still breach for that.

    I personally feel that pets should be permitted in all properties, unless the particular property is not suitable or the pet is causing damage/excessive noise.
     
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  11. KateAshmor

    KateAshmor Victorian conveyancing lawyer Business Member

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    And here's the VCAT decision.

    The key bit:

    [at 17] "A rule made within power is of no effect if it is discriminatory or inconsistent with law."
     
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  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Can a decision by VCAT also apply to VDOG?
     
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  13. kierank

    kierank Well-Known Member

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    We will have to agree to disagree.

    I am involved in two body corporates. One has 25 lots and only two of the lots are rented out (one of these lots is mine). This issue has nothing to do with tenants.

    Too late by that stage. I am going to a body corporate meeting next week and there are two owner's motion on the agenda:
    1. Motion 1: - "That all animals/pets should enter and exit the building through the basement only."
      Why?: Pets have at times toileted in the main foyer area.

    2. Motion 2: - "That pets should not be toileted on body corporate property."
      Why?: Hygiene and common sense dogs should not be allowed to be toileted where children play.
    And this is not a Unit complex full of bogan tenants and feral lot owners.
     
  14. Ted Varrick

    Ted Varrick Well-Known Member

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    Kate, in your example it would be interesting to see what the VCAT decision would be using exactly the same discriminatory principle, but in reverse, given another lot owner was affected, where a lot owner installs hard surface flooring (ie. floorboards) which affects that other lot owner in terms of "..loss of peaceful enjoyment...", where any other lot owner in the strata plan has not changed from carpet/soft floor coverings and is therefore not affected by such a loss...

    Assuming that a VCAT decision is not unkindly considered by some wacky funsters, like those of NSW's NCAT, to being similar to a "...chocolate wheel.."
     
  15. kierank

    kierank Well-Known Member

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    For practical purposes, the Body Corporate could/would delegate its approval to the Body Corporate committee members just like it does on other matters between meetings. So no need to wait months - maybe a week or two at worst.
     
  16. thatbum

    thatbum Well-Known Member

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    That isn't a comparable situation at all - there is an actual effect on neighbours in your scenario.
     
  17. thatbum

    thatbum Well-Known Member

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    I don't get why you need special motions, when I presume those scenarios are covered by the standard provisions concerning damage/cleanliness of common areas.
     
  18. kierank

    kierank Well-Known Member

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    I don't understand why one would need special motions either.

    I would have thought this would be covered by common sense. But, we all know what they say about common sense - it ain't that COMMON.

    Hence, my suggestion about having a Code of Conduct for pets.
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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    I didn't realise that animals/pets could have special motions ;)
     
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  20. Ted Varrick

    Ted Varrick Well-Known Member

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    TB, I respectfully disagree.

    Assuming you live in a strata complex, get your upstairs and downstairs neighbours to turn up their amps and then click:-



    and then get them to take the day off.