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New owners pets
We are a new pet friendly complex (1.5yrs) and still have new units being built and sold. Recently it came to the attention of the trustees that a new buyer will be moving into the complex bringing with them 2 pitbull terriers. Our rules allow 2 pets either a small dog or cat, or one of each. I respect that the developer is pushing for the sale however unit owners are totally against having this type of animal in the complex. I am concerned that if the original rules that the developer put in place (which doesn't stipulate type or size of dog) are registered with the deeds office and the body corporate rules aren't, we will have no option but to allow these animals in. Is this the case? What rights do us as owners in the complex have of stopping this from happening given the affect on the animals and possible danger to other pets and children? Advice is appreciated.
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RE: New owners pets
Hi
The owner would still have to get approval from the trustees to keep pets. If approval is given, the trustees may make it conditional, e.g. the dogs may never be on the CP unless they are on a leash, may not cause a nuisance (barking, being aggressive) and any other conditions which they want to attach. It should be made clear that if any of the conditions are broken, approval will be withdrawn immediately and the dogs would have to leave. Keep in mind though that such conditions would have to be applied to ALL pet owners and cannot be applied selectively (§ 35 (3)).
You should check at the Deeds Office how your pet rule is worded – is it the standard CR 1 or is it an amended version. You might also check with your local authority as I believe there are some that apply very strict conditions for the keeping of pitbulls....Show More
RE: RE: New owners pets
Hi
We have now informed the developer who has sold the property that that we are unhappy and will not allow these animals to move in. He has advised that he will follow the legal route to get our decision overturned. I am still waiting to find out what rules are lodged at the deeds office but from what I have managed to find out, the trustees need to be reasonable in their decision which is near impossible to prove in court. It seems as though we as a body corporate have very little say in what happens in our complex because the developer can pretty much allow any animals he pleases into our complex as long as he gets a sale. As owners we are all very concerned that our complex is "going to the dogs" for want of a better term. I am frustrated as I feel our hands are tied and the trustees are unable to enforce any rules. All we want is 2 small dogs or 2 cats or one of each. This is for the benefit of the animals and residents. Please help me with advice and information to inform our concerned residents? Thanks in advance.
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