Forced To Move Out

[Madeleine]

I'd be thinking along the lines of bullying, discrimination etc. If your husband is on the committee and didn't know about it??? That is very strange. What a bunch of idiots. Such a shame the housing market is so crazy at the moment. They can't change the by-laws and expect you to abide by it when you had your dog prior. Also - they would require evidence that dogs hurt/injure old people, and in the wording that ALL dogs carry diseases etc that could be potentially harmful.

BTW we rent with our pugs and although it is difficult to find a decent place - there are pet lover property owners out there that will agree to pets - especially if you can prove how well you've taken care of them etc etc.

[momosan]

I'd be thinking along the lines of bullying, discrimination etc. If your husband is on the committee and didn't know about it??? That is very strange. What a bunch of idiots. Such a shame the housing market is so crazy at the moment. They can't change the by-laws and expect you to abide by it when you had your dog prior. Also - they would require evidence that dogs hurt/injure old people, and in the wording that ALL dogs carry diseases etc that could be potentially harmful.

BTW we rent with our pugs and although it is difficult to find a decent place - there are pet lover property owners out there that will agree to pets - especially if you can prove how well you've taken care of them etc etc.

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.

[eglus]

Hi, I lived in a multi unit stata title Unit in St Kilda Rd with a small dog for 5 years.

I also ensured that the Body Corp allowed pets before purchasing the unit and moving in.

Each year prior to the AGM there was always one resident who wanted to move a motion that pets are no longer allowed in the building, and the response from the BC Committee was always to say that the motion, even if passed, would never hold up in court. :D

Incidentally there were several very well known and respected legal eagles on our BC Committee who offered up their learned opinion.

I do know that there are several buildings in the Melbourne CBD that will allow pets, however all will have some type of restriction on size, weight, access, allowed areas etc.

Don't allow yourself to be bullied into submission or bluffed into backing down.

Good luck

[raz]

Are you in Syd? If so I can put you in touch with a lawyer who won a case againt the BC of the Horizon Apartments when they suddenly tried to kick her dogs out. I dont know how much she charges but she's quite the 'pit bull' as a lawyer. Great chick.

[Snowysal]

Why did I just know you'd know the right sort of people Raz

This is a horrible way to spend your New year - BC sux.

Obviously in the long run you are going to be better off out of there - ever thought of a sea change or a mountain change NOW?

I would be fighting and ringing all the people Tris and Raz suggests .

Send each of them a personal message on here(PM) for more details , a phone call can really help to put things on the table for you.

I wish you the very best of luck and and am happy to hear you will not give up on the furkid.

[raz]

Friend of the family and we had to use her once. She has a nasty bite but great to have on your team, Snowy. Very aggressive lady and a dog lover so bonus.

[momosan]

Are you in Syd? If so I can put you in touch with a lawyer who won a case againt the BC of the Horizon Apartments when they suddenly tried to kick her dogs out. I dont know how much she charges but she's quite the 'pit bull' as a lawyer. Great chick.

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.

[raz]

Might be worth just giving her a buzz. Let me know if you want her details, Mo. dont want to push you. Legal action is always a pain in the ass and quite stressful so I'll leave the ball in your court, hon.

[Taipan]

This is truely disgusting!! I have never heard of such a thing. Surely if you got your pets approved before the new by-law came into effect you and the other pet owner in your block should be allowed to keep you current pet until the end of his/her natural life! I can understand if a new owner was not allowed to keep a pet but to do this to existing pet owners is just aweful. I would put a bit of effort in up front to see if I could win this but would try to avoid too much stress. BC are not good to be in - who want to always be told how to run their property anyhow!? Remember, in the end it is the people and pets we live with that make us what we are - not the bricks and mortor - well I think so anyhow. Goodluck.

[mita]

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.

You've described exactly the 'pet' trap with so many units. When there's one bunch of residents where the majority approve of dogs & cats, all is fine.

But with major change in who are residents....it can swing over to anti-pet majority.

And you're right that reasons for opposing cat & dog ownership can be irrational & bizarre.

Some new unit complexes in Brisbane, have pet friendliness written into their covenant (is that the correct terminology?)

So that people can move there, with a pet, & have confidence the policy will not change.

Apparently these complexes were based on a need that was uncovered. Many people who wanted to scale down to living in a unit, were not making the move because they feared for the future of their pet.

Best wishes with the mediation.

Edited January 3, 2009 by mita

[dogslife]

There have been several cases where dog owners have won the right to keep their dog in the apartment. just because the body corp passes a rule it doesn't mean it will hold up in court.

You can probably even represent yourself....many courts will treat you better if you are acting for yourself. Redfern legal aid has an animal section who will have some knowledge in this area.

Don't back down........

[mita]

Redfern legal aid has an animal section who will have some knowledge in this area.

The kind of useful info that the OP needs at the moment.

[momosan]

There have been several cases where dog owners have won the right to keep their dog in the apartment. just because the body corp passes a rule it doesn't mean it will hold up in court.

You can probably even represent yourself....many courts will treat you better if you are acting for yourself. Redfern legal aid has an animal section who will have some knowledge in this area.

Don't back down........

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!