Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this?
We have a problem with a lot owner who owns a dog on our building.
- The dog is left for long periods unattended causing excessive barking,
- excrement is left on common property,
- urine overflows off the balcony to the unit below and
- the dog’s running through the unit causes noise also to the unit below.
What can the owners corporation do? Is there a legal way to handle this?
Answer: Issue a notice to comply with the by-laws and continued breach attracts fines/penalties.
Any of the strata managing agent, strata committee and/or owners corporation (subject to various authorities by resolution and as set out in the Management Agency agreement with a strata managing agent) may issue a notice to comply with the by-laws and continued breach attracts fines/penalties.
Depending on whether you have a by-law conditionally permitting pets or don’t have one at all, NCAT has powers to issue Orders:
- The Tribunal may, on application by an interested person, order a person to cause an animal to be removed from a parcel within a specified time, and to be kept away from the parcel, if the Tribunal considers that the person is keeping an animal on the parcel in contravention of the by-laws.
- An order under this section ceases to have effect if the keeping of the animal is subsequently authorised in accordance with the by-laws.
- The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
- The Tribunal may order that the person–
- cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
- within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.<
Attempt at mediation through NSW Office of Fair Trading is first required.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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