Q&A Yapping Dogs
Yapping Dogs
I live in a very large Strata unit complex and there is an overload of dogs here – almost like a Canine Hotel – but all in all they are well mannered but there are those, that, at times bark and yap for an hour to 5 hours at a time.
I find it to be very stressful but I am not sure what I can do. I have emailed the building manager on several occasions and I plan to speak with him in person in the morning. I am sure he has a large workload but these barking dogs strip a non-doggie tenant of all peace and quiet..
I feel so sorry for all of the dogs as they are locked in a unit for hours each and every day. That to me, is inhumane and the powers that be should have a much stronger criteria to allow dogs to be cooped up in units. Not to mention the tenants that don’t clean up after them and the dogs that are allowed to go to the toilet on patios. Not exactly hygienic for dog owners and non dog owners.
Answer: Usually the strata by-laws would regulate matters such as odours and endless barking and clearly, the barking is causing you a nuisance.
Should you wish to take the matter further, you could attempt mediation and then make an Application for Orders through NCAT:
158 Order for removal of an animal permitted under by-laws
(1) 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.
(2) The Tribunal may order that the person:
(a) cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b) 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.
Alternatively, you could speak to the neighbours (they might not be aware) or make contact with your local council for advice and which may issue a nuisance order (and attract penalties for non-compliance), or, you could seek a noise abatement order from your local court.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.
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