I just read that a motion to repeal the by-law allowing pets in our apartment building will be put forward at the next general meeting. I have a pet dog that I have had with written permission from the owners corporation since I purchased the apartment 3 years ago. Can I still keep him?
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- Changes in by-laws are only legally enforceable if they are passed by special resolution at a general meeting and registered with the Land and Property Information (LPI).
- In your case a motion has only been put forward to be discussed at the next meeting. No determination has been made. A motion to repeal a by-law can only be passed through a special resolution. That means there must be 75% votes in favour for it.
- You are entitled to vote at the general meeting on this motion if you are a lot owner and your levies are not in arrears.
- It is likely that other people who also have pets or those who don’t have issues with pets will also vote against the motion. You may want to talk to your fellow pet owners and make sure they know that their vote is important. If they are unable to attend the meeting they may wish to appoint you as their proxy.
- If a special resolution does pass the motion you may request permission from the owners corporation to keep the dog for the remainder of its life.
- If permission is refused you may follow the dispute resolution procedure through mediation, adjudication and NCAT until you are satisfied with the final determination on the matter.
- If permission to purchase the dog was formally granted you have a good argument for permission to keep the dog until the end of its life.