Question: Despite agreeing to terms when they moved to the building, an owner walks their dog on common property without a lead. The committee has sent two letters about this, but nothing has changed. What do we do next?
An owner walks a dog on common property without a lead and does not pick up after the dog. When they came to the property, The owner signed a pet agreement stating that pets must be on a leash when on common property. This owner has received two letters from the committee via our manager, but nothing has changed.
What next steps should the committee take? We’ve had numerous complaints from other owners about this situation.
Answer: An animal can be ordered to be removed from a scheme if it is in contravention of its conditions of approval.
While there has been a lot of attention on new laws (both strata and residential tenancies-related) about the keeping of pets in a community titles scheme, one fact has remained unchanged: namely, that an animal can be ordered to be removed from a scheme if it is in contravention of its conditions of approval.
Based on what you say, you have attempted to address these issues informally and without success. That means your only options here are either
- do nothing and hope the situation rectifies itself or
- take formal action.
On (a), I can’t imagine that is viable, especially if other owners are complaining. Which leaves (b), an application to the Commissioner’s Office for dispute resolution about the non-compliance with conditions.
The first step will typically be conciliation, followed by adjudication if unsuccessful. As I alluded to above, it is very much open to an adjudicator to order the animal to be removed from the scheme.
This is general information only and not legal advice.
This post appears in the July 2024 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898