This Q&A about not cleaning up doggy doo and who enforces bylaws has been answered by Frank Higginson, Hynes Legal.
Question: One unit owner does not clean up after their dog. It is part of the bylaws. Who enforces bylaws?
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- About 18 months ago person buys ground floor unit with no external space allocated to the lot
- After moving in and without any consultation with the Body Corporate, owner announces they have a large dog
- An amendment to the By-Law to allow the owner to keep the dog is drafted and presented at our AGM 2016 and gets up 4-1. With conditions attached including the dog not to be unsupervised on common property and any “accidents” to be cleaned up immediately.
- This is not happening. The dog comes and goes from the unit at will unattended and does his business anywhere on the grassed common.
- It stays there for hours and sometimes days whilst gathering extra deposits
- Taking this up initially with our Body Corporate Managers, the unit owner accused me of lying and exaggerating so I sadly was forced to gather photographic evidence
- We have spoken to the owner face to face several times and despite agreeing to clean up… nothing happens
- Body Corporate Managers, the chairman and other lot owners appear to ignore the situation and bury their heads in the sand.
- Body Corporate Managers say they can write a letter to the unit, at a cost!
- It is not a nice experience having lunch or drinks on the balcony and lumps of fly blown doggy do greets the eye
It’s part of the by-laws! I am happy with unit life and am happy to abide by the by-laws.
Is there any thing we can do that we have not already done?
Who enforces bylaws?
Anything you may suggest would be greatly appreciated.
Answer: A body corporate has a statutory obligation to enforce by-laws. The committee must do that.
A body corporate has a statutory obligation to enforce by-laws. The committee must do that.
Without adopting a scorched earth policy in terms of issuing a breach first up, it should formally communicate with the owner about what is required and then step up if needed via the formal by-law enforcement process and if needs be go to the extent of getting an order from the Commissioner’s Office about the conduct.
QLD: The golden rules of by-law enforcement
This post appears in Strata News #153
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