momosan

Thank you so much "Dogslife". I will try Legal Aid as our mediation has failed. I rang the Strata Manager and he even said to me that everything is ok now that we have moved. He said we can reapply to have animals when we decide to move back! We might be a ble to generate more support then. He didn't even tell me that I can go to adjudication or anything! These people really make my blood boil. My dentist told me a couple of my teeth are cracked and it's usually due to stress. I just had some work done due to that. ARGH!

Yes I am in Sydney. I may need a lawyer at a later stage as we're going to mediation and I intend to take it up to the Adjudication. I am thinking of taking action outside of the Strata Law against the individuals who had made our lives hell this Christmas depending on whether we have a case.

Thank you. We've looked a couple of properties that will allow pets or consider pets although they are too small for the family. We still have about a month to look and hopefully..... Our mediation date has been set 22/1/09.

IMO? We've just lodged the Mediation application. Just taking a step at a time. I've gathered the chances are slim and not sure if I can afford a lawyer. We're looking for rental accom that will allow pets - another hurdle but we're trying. There is no way we're giving up our pet. Fingers crossed.

Well they passed the ByLaw 16 which excluded/deleted the 2nd point which states "The owners corporation must not unreasonably withhold its approval of the keeping of animal on a lot or the common property". That means they can unreasonably withhold or allow. The more I go into this the more I think I won't stand a chance but I'll have to try. Thanks to all for your encouragement and thoughts.

So, even if we've had written permission before the by law was passed, we still don't stand a chance? Unfortunately out of the 18 units in our block only 3 -4 units don't mind dogs. I will post the wording tonight however I am not convinced our Strata Mgr is telling us the truth when he said "animals" (exact wording in By-law) does not include caged animals such as birds or rabbits which are animals the other 2 units have. Is this right? I attended the meeting that they passed the By Law and was outnumbered. How much do Strata Lawyers charge per minute/hour? We know we won't win but thought we'd go through the mediation anyway and in the meantime searching for place to move to. I am in NSW. By posting the wording of the By Law, am I at any risks?

The By Law 16 was only passed after we've had our pets and my husband is on the committee but he wasn't even notified about the action they were taking until we received a letter from our Strata Mgr.

I will NEVER return my Lhasa nor abandon him that's why we're trying to look for a place that will allow pets to rent before the Body Corp serves us the notice to remove the dogs. Or they will apply to fine us. First fine = $550 and the second will jump to $5500. I'm not about to let them have my $ but I'll definitely continue with the mediation. This building used to have cats and dogs but all of the owners sold out and moved away except one other unit and myself. Hence we are outnumbered. I acquired my Lhasa before they passed the By law and that's why we are going to mediation and hopefully we have a chance This is no longer a matter whether we still want to live here, but a matter of letting them know they can't impose their unreasonable views on us. The reasons they gave are ridiculous and completely brainless and here is another one I just remembered - human beings and animals should not live together. There is no way in the world I will buy another unit to live in again. Units are good for investment if you don't care what happens in the building as long as the rents keep coming in. I get so mad just thinking about this.

Yes we've been served. Yes the body corporate has imposed their By-Law 16 to forbid us from having a pet in our unit and to fine us if we don't comply. Their reasons for not wanting dogs in the building? Here goes: -Dogs are dirty and carry disease, germs and fleas through the common areas -Dog treading through the carpets and tiles will contribute to the wear and tear -Dogs may jump up on the elderly senior citizens and potentially hurt or injure them -Dog may attack and may attract a lawsuit and extra hassle of going through litigation to prove the strata has not been negligent We'll carry and restrain our dog when we go out for a walk. No, that's not good enough. All dogs out! Is it just me or are they a bunch of ignorant no-brainers? This issue has affected my family greatly as our 7 year old Lhasa Apso is well behaved/trained and doesn't even bark and very much a part of the family. It'll probably destroy us if we have to return him to the pound where we got him. It is most upsetting to be forced to leave a home we rightfully own and purchased. Selling our unit is not wise at such a time, we certainly can't afford to purchase another property and trying to rent a place that will allow pets is harder than drawing blood from stone. Can I sue for pain and suffering? Maybe not. Yes I am going to Fair Trading for mediation but my chances of staying is slim. My advice to animal lovers out there buying a unit, strata scheme can change their By-Laws to forbid animals in future even if they've allowed pets before. Here's a link to get you started: http://www.lawsociety.com.au/uploads/filel...55815147537.pdf