This question about tenants with barking dogs has been answered by Gary Phillips, StrataGP.
Question: Our building has recent acquired tenants with barking dogs, 3 little dogs in fact. One of the dogs barks a lot, especially when the tenants aren’t home. Can I do something to stop this noise?
I am the only owner/occupier in the building and there are twelve units.
Our building has recent acquired tenants with barking dogs, 3 little dogs in fact. One of the dogs barks a lot, especially when the tenants aren’t home and I live right on top of their unit. I read that tenants are supposed to carry their dogs on common areas, which these tenants do not do. They seem like nice people so at this stage I haven’t said anything or contacted my Strata Manager, who unfortunately isn’t the best! I look forward to hearing from you.
Answer: A friendly reminder may well afford them the opportunity to address the issue without the heavy-handed approach of a formal breach notice.
The Strata Titles Act 1985 deals with this issue, however in the interest of ongoing relationships between occupants of the strata complex an approach to the council of owners and the strata manager to have a notice sent to the tenants via the owner/s outlining the issues and what the strata bylaws and the Strata Titles Act 185 require.
This can take the form of a friendly reminder to the owner of their and the tenants obligation to adhere to the strata bylaws and the Strata Titles Act1985. This works well in many cases as tenants may not be aware of the rules and also may not be aware that their dogs are barking to the extent outlined. The friendly reminder may well afford them the opportunity to address the issue without the heavy-handed approach of a formal breach notice.
However, if the friendly approach fails then a request to the strata manager and the council of owners to address the issue may be the only avenue to address the problem. The request should give details of and the extent of the problem and should see a breach notice issued to the owner. The strata deals with owners not the tenant. Dealing with the tenant is the responsibility of the owner/property manager however the owner is responsible for the tenant observing the strata bylaws and the Strata Titles Act 1985, this is set out in the Strata Titles Act.
The breach notice, depending on the bylaws of the strata company, can give the owner 14 days to deal with the problem or have the dogs removed from the strata complex.
This post appears in Strata News #179.