This article discusses strata pet approval transfer, explaining whether an existing dog approval stays with the unit when it is sold or if new owners must apply again.
We are selling our unit and have approval for a dog. Can this approval transfer to the new owners or do they need to seek their own approval?
We are selling a unit which has previously been given approval for a dog and the previous Strata policy decisions and unanimous resolutions resolved by the Corporation on 8th August 2012 states:
Unit 1 Owner granted approval to house a small dog subject to the animal not being a nuisance to other owners, registered and trained, kept on a lead at all times when on common property and all messes cleaned immediately. The Corporation reserves the right to rescind the approval should any of the above not be followed.
We bought the property in 2014 and did not have to gain additional approval for a dog. The current Strata manager is forcing a new approval be granted for the new owner before the property is sold.
Is this correct or should the approval continue to the new owner as it did for us when we purchased?
Approve for pets is usually on a case by case basis
Schedule 3 (4) of the Strata Titles Act states that “subject to the Strata Titles Act 1988, a person bound by these articles must not without the strata corporation’s consent, keep any animal in, or in the vicinity of, a unit”.
The resolution that was passed by your Corporation states that the approval was for “Unit 1 Owner”, however it doesn’t specifically state if it was for the owner or the unit. I believe the interpretation can be argued both ways.
In my experience many people tend to approve pets on a case by case basis and do not intentionally give blanket approval for animals in units, unless the resolution specifically states so. I would be recommending that approval be sought for the new owners to keep a dog, as owners people do tend to have different opinions on what is a small dog, as well as the living conditions of the owner, meaning does the owner stay home most of the time, or do they work fulltime meaning the dog will be left home alone majority of the time.
I believe that it is important for owners who are seeking approval to keep a dog provide as much information as possible so other owners are aware of the type of dog, size and how they will be left if the occupant is out, this will reduce the risk or owners complaining about the situation and also reduce the possibility of owners requesting that the dog be removed from the property which would cause more issues for the new owner of the property.
This post appears in Strata News #484.
Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777