Troubleshooting
In this chapter we look at a variety of common issues and possible solutions.
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Pets
In this chapter we look at the perinial problem of pets in units and some possible solutions.
Pets in units is one of the major causes of disputes in Body Corporates.
It can be :
- a tenant keeping a cat with or without the owner’s approval
- an owner who works and leaves their dog yapping in their yard
- a screeching cockatoo on a summer sunday morning
- a refusal to consider any applications to keep a pet
There are local government laws and regulations that apply to the keeping of dogs and cats.
See the links below for legislation and hints.
Legislation – Strata Titles Act
Click on Legislation above, to view strata title legislation and hints.
Legislation – Community Titles Act
Click on Legislation above, to view community title legislation and hints.
Legislation – Local Government laws
Click on Legislation above, to view the Legal Services Commission paper on dogs & cats.
Best Practice
Check the Articles (Strata Title) or By Laws (Community Title) to see if the group has already given approval with or without conditions.
Application to keep and animal:
All owners may apply to keep an animal. The Magistrates Court has ruled that all applications must be considered on their merits.
The Management Committee can decide the matter quickly provided the group has not limited its powers in this matter.
Pets – hints for an application? Sometimes Where an owner or agent for a purchaser needs to make an application for a pet it may help the application if:
- they supply a photo of the pet (assumes an attractive smaller animal, not great dane or doberman) and advise the manager that:
- the animal will be kept in the unit if this is the case,
- the age of the pet if older and sendentary,
- if the pet is desexed
- will ensure the pet doews not cause a nusiance to other residents
Court Case
The following article appeared in the Sunday Mail in November 2002. We at UnitCare believe the Courts are sending a strong message to Body Corporates and their management committees that each application to keep a pet needs to be considered on its merits. This may equally apply to air conditioners and other works. Click here to view story.
Breach Notices – suit Strata Titles
The following sample letters deal differently with Owners with pets and Tenants with pets.
All correspondence is to owners. We suggest that the committee authorise the sending of these letters.
- breach_animal_by_tenant_notice_no1
- breach_animal_by_tenant_notice_no2
- breach_animal_by_owner_notice_no1
- breach_animal_by_owner_notice_no2
Breach Notices – suit Community Titles
The following sample letters deal differently with Owners with pets and Tenants with pets.
All correspondence is to owners. We suggest that the committee authorise the sending of these letters.
Parking
With the increase in car ownership and the lack of additional parking on many older groups, parking can be the cause of disputes in Body Corporates.
It can be :
- a tenant keeping a cat with or without the owner’s approval
- an owner who works and leaves their dog yapping in their yard
- a screeching cockatoo on a summer sunday morning
- a refusal to consider any applications to keep a pet
There are local government laws and regulations that apply to the keeping of dogs and cats.
See the links below for legislation and hints.
Legislation – Strata Titles Act
Click on Legislation above, to view strata title legislation and hints.
Legislation – Community Titles Act
Click on Legislation above, to view community title legislation and hints.
Common Property Use
The use of common property can give rise to concerns amongst body corporate members.
Exclusive use. Sometimes owner occupiers want to use the common property. This might be a piece of land at the rear or side of their unit. They may want it to extend their yard or to provide for an additional car parking space. In some cases the land may be needed to accommodate air conditioning equipment.
The body corporate can grant a Licence to Occupy to an owner. This grants the owner exclusive use for a purpose, time and fee.
Legislation – Strata Titles Act
Click on Legislation above, to view strata title legislation and hints.
Legislation – Community Titles Act
Click on Legislation above, to view community title legislation and hints.
See the Autumn 2005 newsletter for more detail on this matter.
Strata Titles Act (plan number less than 20,000)
Strata Corporations have a say over residents keeping animals at their units.
Article 4: 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 Corporation has the power to enforce the Articles under Section 25.
Section 25 The functions of the strata corporation are as follows: (c) to enforce the articles of the corporation.
The Strata Titles Act limits the Articles in this matter.
Section 19 (c) prevent an occupier of a unit who is blind or deaf from keeping a guide dog at the unit, or restrict the use of a guide dog by such a person.
What does this mean?
Owners need to need to check the Corporation’s Articles unless the resident is declared blind or deaf.
Hint
Check for any current policies on animals. A NO PETS policy has no standing at law.
Every application must be decided based on its merits. Approvals only require a simple majority of owners at a quorate meeting. The Management Committee can make a decision on this matter subject to any restrictions imposed at a previous general meeting.
Breach Notice
Click on Breach Notice to go to a standard letter that may be useful.
Community Titles Act
The Community Titles Act is silent on animals on lots. The By-Laws may place requirements/restrictions on lot owners.
Section 12 (1) By-laws may be used to regulate
(a) the use and enjoyment of the common property; and
(b) the purpose or purposes for which community lots may be used; and
(c) the design, construction and appearance of buildings on the common property and the community lots and the landscaping of community lots.
The Community Titles Act limits the Articles in this matter.
Section 37 (d) prevent an occupier of a lot who suffers from a disability from keeping a dog on the lot or restrict the use of a dog by the occupier if the dog is trained to assist the occupier in respect of that disability; or
What does this mean?
Owners need to need to check the Corporation’s By-Laws unless the resident is are declared blind or deaf.
Hint
Check for any current policies on animals. A NO PETS policy has no standing at law. Every application must be decided based on its merits.
Strata Titles Act (plan number less than 20,000)
Strata Corporations have a say over parking on common property and in unit subsidiaries.
Article 5. A person bound by these articles
(a) must not park a motor vehicle in a parking space allocated for others or on a part of the common property on which parking is not authorised by the strata corporation; and
(b) must take reasonable steps to ensure that his or her customers, clients or visitors do not park in parking spaces allocated for others or on parts of the common property on which parking is not authorised by the strata corporation.
The Corporation has the power to enforce the Articles under Section 25.
Section 25 The functions of the strata corporation are as follows: (c) to enforce the articles of the corporation.
Parking on front lawns be they common property or a unit owner’s is not permitted unless authorised by the Corporation. We recommend that the local Council be approached if owners wish to park on areas designated as ‘yard subsidiary’ as the planning approval for the group often seeks to achive a balance of open space and parking.
What does this mean?
Parking is only permitted where designated on the plan or in Council planning approvals at the time of building.
Hint
Owners need to need to check the Corporations plans and Articles along with any past policies on parking..
The Corporation could grant owners exclusive use of common property for parking. Some groups have sufficient spare land to do so. Any use granted must take account of others needs for ingress and egress.
Breach Notice
Click on Breach Notice to go to a standard letter that may be useful.
Community Titles Act
Community Corporations have a say over parking on common property. The By-Laws may place requirements/restrictions on lot owners.
The Corporation has the power to enforce the By-Laws including the application of fines under
Section 25 The functions of the strata corporation are as follows: (c) to enforce the articles of the corporation.
Parking on front lawns be they common property or a unit owner’s is not permitted unless authorised by the Corporation. We recommend that the local Council be approached if owners wish to park on areas designated as ‘yard subsidiary’ as the planning approval for the group often seeks to achive a balance of open space and parking.
What does this mean?
Parking is only permitted where designated on the plan or in Council planning approvals at the time of building.
Hint
Owners need to need to check the Corporations plans and By-Laws along with any past policies on parking..
The Corporation could grant owners exclusive use of common property for parking. Some groups have sufficient spare land to do so. Any use granted must take account of others needs for ingress and egress.
Breach Notice
Click on Breach Notice to go to a standard letter that may be useful.
Strata Titles Act (plan number less than 20,000)
The body corporate can grant a Licence to Occupy to an owner. This grants the owner exclusive use for a purpose, time and fee.
Section 26—General powers:
(4) The strata corporation may, if authorised to do so by unanimous resolution of the corporation, grant to a unit holder an exclusive right to occupy part of the common property for a specified period..
The Articles also deal with the non exclusive use of Common Property.
Article 2. A person bound by these articles
(a) must not obstruct the lawful use of the common property by any person; and
(b) must not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients or visitors; and
(c)must not make, or allow his or her customers, clients or visitors to make, undue noise in or about any unit or the common property; and
(d) must not interfere, or allow his or her customers, clients or visitors to interfere, with others in the enjoyment of their rights in relation to units or common property.
Hint
Have an appropraite professional draft a document detailing the terms of the licence. Circulate the draft agreement to ensure all owners are aware of the details.
The licence should deal with the maintenance of the land in question, public liability cover, what can be done with the land, rental payments, period of licence and termination arrangements.
Community Titles Act
The body corporate can grant a Licence to Occupy to an owner. This grants the owner exclusive use for a purpose, time and fee.
Division 111—Limitations on leasing of common property and lots:
(1) A right to occupy the whole or a part of the common property to the exclusion of all or some of the owners or occupiers of the community lots—
(a) may be granted by the corporation pursuant to a unanimous resolution of the corporation; and
(b) must not be granted contrary to the scheme description.
(2) A right to occupy the whole or a part of the common property or a lot—
(a) must not be granted contrary to the by-laws;1 and
(b) in the case of the common property or a lot in a secondary scheme—must not be granted contrary to the by-laws of the primary scheme; and
(c) in the case of the common property or a lot in a tertiary scheme—must not be granted contrary to the by-laws of the primary or secondary scheme.
Note—
1 The only restriction that the by-laws can impose in relation to the leasing or occupancy of a lot relates to short term occupancy—see section 37(2).
Hint
Have an appropraite professional draft a document detailing the terms of the licence. Circulate the draft agreement to ensure all owners are aware of the details.
The licence should deal with the maintenance of the land in question, public liability cover, what can be done with the land, rental payments, period of licence and termination arrangements
