A Very Difficult Request

[fiery_di]

It has come to a point that I need to come on to DOL to ask for assistance.. This is not a decision that has come very lightly or easily at all.. I have been reluctant to even share the situation until now.. And I do this at the risk of being flamed & possibly outcasted by the rest of the DOL community.. It goes against what I stand for but I have nowhere else to turn or to go..

Starting off.. S & I both found new jobs at the end of last year Dec 09. Both were city CBD & outskirts based. So the decision was made to move from Penrith to Parra to lessen the commute time but still find a property that enabled us to have our remaining dogs Bobby & Coco.. We started looking at properties, found a 3 bed townhouse and thought 'Beauty, this will accommodate us all really well'. This townhouse is a good size, has a paved courtyard out back, but best of all has a park directly across us and in very decent locality of an off leash park.

So we put in our applications for the property clearly stating that we had 2 x small dogs of 6kg & under each. So late mid Dec 09 we found out we had been approved for this townhouse. Our pets had also been approved.. Even better.. The RE advises that they are closing over the xmas break from 19th Dec and resuming 2nd Jan.. No probs. Our move date is 4th Jan so all seems smooth & easy.

S & I go about organising ourselves for the move, celebrate xmas and all in all prepare ourselves for the start of a new chapter, starting our new jobs & organising our upcoming wedding.

2nd Jan we receive a call from the property manager stating that there is a slight problem.. The owner had approved the dogs, BUT the strata has not cleared it.. Ok, so we both ask how we overcome this and seek approval from strata bearing in mind that nothing had been approved or declined.. We are advised that a special meeting has to be called if we want a decision sooner rather than later, which will cost $150 but we should have an outcome by 1-2wks. The other choice was to wait for the next body corporate meeting which could be weeks/mths away. So S & I decide to outlay the $150 so that we can seek a decision earlier understandably so. We are instructed that there is a cat in one of the townhouses in the complex so shouldnt be too much of an issue.

So remembering this is 2 days out from us moving on the 4th of Jan. The removalists had been booked, furniture packed, bond & rent paid, electricity services booked for disconnection & reconnection, new tenants moving into our previous place, etc.

So the decision is made in the meantime to temporarily house Coco with S' mum, but Bobby on the sly to stay with us in the evenings, but would stay with our friends up the road 500m away during the day when we werent home where their GSD would keep him company. (Bobby is 13, epileptic, has congestive heart failure & all in all would not survive being uprooted & rehomed temporarily until we sorted this situation out.

So 1 weeks turns into 3 weeks, then a month. We are requesting if the meeting has been called & if decisions have been made. We are told no meeting has been called as yet, but will advise as soon as it does, letters have been sent out etd. We get jack of it and ask if we can speak to strata directly. So after the contact no's are given we contact them and find out that a meeting was in fact called & the decision on the matter is no, we cannot have the dogs on the complex, the other residents dont wish to have any dogs.

GREAT!! So for the past few weeks Coco has been quite happy at S' mum's house (she is on 100 acres with 4 other dogs, couldnt be better). Bobby has unfortunately been sneakily housed with us at night, but stays at the friend's place during the day whilst we are at work which works great. Bobby is also with us on weekends & lives in the house during weekends if we go out for a couple of hrs with access to the courtyard for toileting, etc.

We have had a couple of complaints about dogs on the premises (Bobby can get quite sooky if left outside) and that if we dont remove him we will be given 2 weeks notice. So you can imagine we have been so quiet & sneaky from then on in to have him with us and make him as comfortable as possible in his last days.

My predicament comes about with S' sister. She has sent text msgs to S asking when we are sorting out the dog situation with Coco (she lives at home with S mum and is 25 yrs of age, but does not own the property or contribute to the mortgage). The last txt msg came a few days ago saying that if we dont come & get the dog she will get rid of it. She has been quite nasty about everything saying that S manipulated his mother in order to keep the dog, which isnt true at all. We have been trying to come to a better situation ourselves, S had a potential new home lined up with Coco with a work colleague but the husband refused so that fell through.

We cant have Coco with us as she is a yapper & a whiner.. Plus having 2 x dogs on the premises when we arent really allowed any at all is a bit much. We cant afford to move anymore. We are paying $480/wk now & having started new jobs plus spending as you can imagine a couple of thousand in moving costs etc we simply cannot afford it. Plus paying double rent for breaking our lease until new tenants are find for this current property.. You get the picture.

I am so reluctant to re-home her as I have a connection with her because of Ruby & I dont want anything bad to happen to her. But with threats such as we have been receiving from his sister, I have no choice but to come on here. I have asked family members, friends, etc. but their situations are impossible for having a dog - my nephew is fostering a police dog that needs one-on-one only, my parents cant as my dad is unwell with parkinsons and in a situation of being put into a care facility, my niece lives in a unit & my sister cant as she travels extensively. S father lives in a unit in Pyrmont as does his brother so that situation is futile. Our friends up the road would gladly have her but Coco & the

GSD dont get on at all. My next resort is posting on the forum to have Coco rehomed.

Can anyone help?? As long as it is understood that she has a place to go to I believe the sister will back off and we dont have to surrender her immediately if someone were to say that they could adopt her or foster care her in a few weeks.

Edited March 19, 2010 by fiery_di

[iggy mum]

So what sort of dog is Coco, how old, health etc... Details please...

[fiery_di]

Coco is a MF. She is fully desexed. She is heartwormed. She is approx 6yrs of age and I rescued her from paws rescue back on March 05. She is in very good health with no ailments known of.

She gets on very well with other children, other pets (just not the friend's GSD) & is a good natured little dog that loves cuddles & loves going for walks or just sitting lazily on the lounge. She is accustomed to inside & outside. She is extremely low maintenance..

Edited March 20, 2010 by fiery_di

[Vickie]

I don't think anyone is going to flame you. What a crap situation to be in .

What will you do if the meeting is called & the body corporate says No to having both/either dog?

[fiery_di]

They have already put fwd their decision which is No. So basically we arent allowed to have our dogs here on strata's notification, however the owner of the townhouse has no issue with them being here.

[Guest choice_brandy]

What a terrible predicament to be put in.

I remember seeing a similar case on TV where the property owner ended up having to foot the bill for relocating and compensation for stress after accepting an application with a dog then having the strata kick up a stink about the dog.

Did you have to sign an agreement re the strata rules and regulations before you moved in?

[t-time]

You got approval from the owners, not your fault that the office was closed over Xmas, you paid your bond, you had everything sorted out to move........why wasn't permission sought from the strata thingo prior to saying you could have animals on the premises? That's kind-of false advertising or break of contract or SOMETHING!!!??? SURELY.......

GEEZUS - after doing all that and then giving you 2 days notice to change EVERYTHING - they dump this on you!!

I reckon you should talk to a tenants union and find out what your rights are - even if you rehome Coco - what the heck are you supposed to do about Bobby?? They've said "NO" to the dogs - you need to find somewhere else to live peacefully with BOTH your dogs and all the expenses involved with the move should be paid by your current landlord :D

Just my lil rant!

YOU POOR THING Fiery Di - I can't see that anyone here would be angry with you after all this - dreadful situation! Y

[OMD²]

That really sucks! I am really sorry you have to re home your dog I hope you can find a good home for her

[fiery_di]

We didnt sign any agreements until the day we picked up the keys which was one day before move day. We got the approval over the ph & having worked in RE I really didnt have cause to believe to have to get written permission from strata as I myself as a property manager had drawn up leases & liaised with strata managers from previous. Next time I will be seeking this no matter how painful it is to the property manager to obtain..

The light at the end of the tunnel is the fact that as of 1st July a new NSW res tenancy act is being put in place which gives tenants the right to give only 4 wks notice if 6mths or more into the lease & 6wks notice if earlier than six mths into the lease if they wish to vacate without incurring any further penalties such as paying rent at the existing premises until new tenants are found. But this doesnt happen till July & I really dont know if his sister will give us peace & stop making threats against poor Coco until then..

Trust me, when this new act comes into play I will be vacating where I am so that I can have Bobby in peace & permission!!

[fiery_di]

You got approval from the owners, not your fault that the office was closed over Xmas, you paid your bond, you had everything sorted out to move........why wasn't permission sought from the strata thingo prior to saying you could have animals on the premises? That's kind-of false advertising or break of contract or SOMETHING!!!??? SURELY.......

GEEZUS - after doing all that and then giving you 2 days notice to change EVERYTHING - they dump this on you!!

I reckon you should talk to a tenants union and find out what your rights are - even if you rehome Coco - what the heck are you supposed to do about Bobby?? They've said "NO" to the dogs - you need to find somewhere else to live peacefully with BOTH your dogs and all the expenses involved with the move should be paid by your current landlord :D

Just my lil rant!

YOU POOR THING Fiery Di - I can't see that anyone here would be angry with you after all this - dreadful situation! Y

Yep, it was sort of like a 'Oh sorry, btw Strata havent passed it' The property manager that handled our lease was filling in for our actual property manager so he probably treated our lease with blase as he just wanted to get it out of the way..

[FD26]

UGH what a horrible situation. I too would be talking to the tenants union or whatever it's called (can't remember now) and trying to seek some sort of absolution of the lease. If you got your bond back in full would you be able to afford to move?

Edited March 20, 2010 by FD26

[Guest choice_brandy]

I think given the circumstances, you'd be within your right to break the lease without any penalties. If that's an option perhaps discuss it with the tenancy authority and find out what rights you have. Sounds like the owner just wanted the place tenanted and misled you until it was too late to back out

[haven]

Can you elaborate more on how the GSD and Coco don't get along? With the assistance of a behaviourist, some time and training you may find you can overcome the issues and the dogs can live happily together.

[Lady Flying Furball]

Fiery di, call the tenancy tribunal Monday!! You accepted and signed the lease under the understanding that pets were approved. You have incurred moving costs. I believe that you probably need to move rather than be in a situaton so compromised from what you believed you had agreed to. The landlord messed up. YOU DO NOT HAVE TO BE TRAPPED BY THEIR F*&^% up!

I find it really upsetting that you are now looking to rehome your pets. It is not right...

Edited to say that I have been a landlord and anyone with half a brain would realise you proceeded by their approval of you and your dogs. THEY made the mistake, and so moving costs should be covered pl,us no breaking of lease penalties or taking of bond.

Edited March 20, 2010 by FlyingFurball

[mita]

Coco is a MF. I rescued her from paws rescue back on March 05. She is in very good health with no ailments known of.

Contact the folk at PAWS rescue, where you adopted Coco from.

It;s an awful predicament. So wrong that what you signed on for, was not honoured! Interesting to see what the Tenants Tribunal have to say about it.

[Dame Aussie]

I also believe they have broken an agreement and you should be able to just break the lease. I'd be contacting everyone I could to find out!

I hope it all works out, you poor thing, how stressful

[Her Majesty Dogmad]

What a sad story, it's very difficult to find anywhere to live with dogs. But you can fight stratas these days, they have to prove that the dog is a nuisance etc etc, Bobby should be fine.

I had a home on offer this week for a dog like Coco and was scouring everywhere for such a dog. One of my own (PAWS) foster dogs is very similar but she hates cats and the man wanted a cat friendly dog. I found a girl on Petrescue and she has been taken to the new home this morning and will be on 2 wks trial in this lovely home.

Should it come to it, PAWS always take their dogs back, I recommend you contact them if you can't fight the strata - I imagine it's Rhonda as Denise usually rescues the more fluffy types.

I will keep my ears open in the meantime.

[Cheyd]

That situation sucks - so sorry through no fault of your own have you found yourself in this predicament!

I would ring the RE and talk to the property manager not the guy who was filling in, he sounds very incompetent. State your case to the boss and hopefully as they have already checked you out etc, they should offer to relocate you to a home close by that would accept your pets. I have had friends who have found themselves having to relocate without much notice but did have good references for her dogs, her RE found her another place to move into as she was a good renter and they wanted to keep her.

If the RE is not open to helping you in this situation, call Tenancy tribunals to see what your options are

I really hope you are able to find a solution without having to rehome your Coco - perhaps your OH could rehome his sister!

[Dog_Horse_Girl]

If the landlord approved your application, and it's only some of the body corporate members who have refused consent, I'd be taking it up with your landlord again. Remind him/her to remind the remainder of the members that s/he approved you ALL to occupy the property and that s/he will be incurring a financial loss because you will need to vacate the property if the dogs are refused permission to stay.

I'd be putting a bucket-load of pressure on the remainder of the owners. These sorts of people seem to be power-hungry when it comes to tenant's rights to quiet enjoyment.

Do not re-home your dog/s because of this: you had an approved application in your favour and you moved on the basis of that acceptance by this property's owner. Too bad for the body corporate members who clearly don't like dogs! If they force you to move, then seek payment by them of all your costs incurred in the move. Watch them back off if you send them a letter of demand to that effect. :D

Good luck, I hope it works out for you all.

[Guest choice_brandy]

I think the property manager has more to answer for than the body corporate. If the strata don't want pets in their townhouses they are quite within their rights to oppose the dogs, however, the property owner would have known this (given the fact he purchased the property) and has approved the tenants despite the ruling.

Then having the hide to ask for $150 to call a meeting is atrocious, and not being told the outcome until you pursue it. I would definitely be taking matters further with my sights set firmly on the property owner

Edited March 20, 2010 by choice_brandy