Here at ClickLaw Australia, we act on many conveyancing purchases in NSW where our clients are purchasing a property in a Strata Scheme. My last blog addressed the issue of whether tenants in residential tenancies in NSW had a right to have their pets come live with them. In this issue, I would like to address two of the most common questions (well really just one question phrased in a different manner) we receive from both our pet enthusiast clients and our pet resistant clients (Disclaimer – we act for both):
The answer to the somewhat ideological questions posed above is predominantly (but not totally) dictated by the terms of the Strata Schemes Management Act 1996 which governs the rules associated with By-Laws relating to Strata Schemes. The Lawyers here at ClickLaw Australia suggest as a start:
Make sure that you comply with the Owners Corporation’s rules on keeping pets as per the By-laws in order to avoid any problems. In case of dispute, mediation, adjudication and an appeal to the Consumer, Trader and Tenancy Tribunal are potential available modes of resolution.
As part of the conveyancing process (and even before the conveyancing process starts – ask the agent), it really is imperative that you take into consideration the position that the Strata Scheme takes on pets and a residents ability to keep pets. Make sure you consider the issue early in the conveyancing process if you are buying a property in NSW as you don’t want to waste time if your decision to purchase would turn on such a matter.
As always, if you have any queries in respect of the content of our blog, please don’t hesitate to contact one of the expert lawyers here at ClickLaw Australia to discuss.
John Kettle Solicitor Director ClickLaw Australia