Question: Due to complaints from one neighbour, our strata is trying to take us to court over our small dog. Other neighbours confirm the dog is fine. Do I have any right to keep the dog and not get taken to court?
Our strata is currently trying to take us to court over our small dog. We own the apartment and the dog is under 10kgs.
There have been complaints from one apartment underneath us. Other neighbours have stated that the dog doesn’t bother them.
Do I have any right to keep the dog and not get taken to court?
Answer: What you need to do first is check the by-laws applicable to your scheme.
What you need to do first is check the by-laws applicable to your scheme. That will determine whether or not you may keep your dog at your apartment. Even the most pet-friendly schemes require you to make application for your dog before you bring it on to the property and it seems you did not seek approval first. Also, even if you live in a pet-friendly scheme that does not mean your dog is allowed to cause a nuisance (by barking).
As for stopping the court action, you could remove the dog from the premises (though this step is unlikely to be a desirable one).
If the court action proceeds, you should seek advice from a strata lawyer to establish the pet position of your building and advise you as to whether or not the by-law is valid and enforceable.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.