Scenario:
“I am being slowly driven out by my neighbour’s dog’s barking. I live in a first-floor apartment in a block of four. My neighbour and I share a small balcony that leads to stairs into the courtyard downstairs. She owns a dog that she insists on leaving outside all day on the shared area. This means I have to negotiate the dog whenever I need to go downstairs. Also, the dog is hypersensitive to any movement from people nearby. Over three years I have offered my neighbour ways in which she might train the dog, including at one stage offering to pay for a trainer. She insists that the dog is just guarding us all and that he is ‘getting better’ I am at the end of my tether with this. It is impossible to talk to her any more as she is completely oblivious to the effect this dog is having on my life. I love my apartment but I am close to breakdown with this constant barking.”
-Writes ‘Dog Dodger’ on the ‘Flat Chat’ online forum.
Pets are a common issue among flat owners, especially those in close proximity to one another, and they can often lead to the total breakdown of flat owner relationships. In the ‘Dog Dodger” situation, even if the dog doesn’t violate current by-laws attached to the block of flats, they may still have grounds for having the dog removed.
As per Section 151 of the Strata Act, an adjudicator can order an animal removed if it “causes a nuisance or hazard to the owner or an occupier of another lot, or unreasonably interferes with the use and enjoyment of another lot, or of the common property”.
Not to mention that the animal may be in violation of by laws that restrict animals from being left alone on common property, and in this case, may even possibly come under local council orders.
By-laws are hard to navigate, and even harder to circumvent. That’s why you should always speak to an experienced professional about your options.
***The information contained in any article or post is general information only and not legal advice. The currency, accuracy and completeness of these articles (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
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