Pets have become the newest (and often most popular) residents of strata buildings all around the world.
It's become unfashionable and heartless to stop owners keeping dogs, cats and other domestic animals, And, animal friendly strata buildings are popping up everywhere. In fact, in NSW, the majority of cases decided by the Consumer Trader and Tenancy Tribunal about pets in strata buildings end up with the pet staying.
But, it seems that even those pets need to behave reasonably if they want to stay living in strata buildings. At least in Toronto.
In a recent decision by the Ontario Superior Court of Justice in York Condominium Corporation No 26 v. Ramadani a misbehaving dog had to stop living in its owner's apartment and leave the condo.
It appears that Ms Ramadani, her fiancee, her son and her dog lived in an apartment on the second floor of the York Condominium. The balcony of her unit was directly over the terrace of the apartment on the level below. Her dog spent most of its day on the balcony barking at passers-by and relieving itself so that the urine 'flowed off the balcony, runs down the front of the exterior wall of the balcony and falls onto the terrace of unit 109, below, and on the common elements of the condominium corporation'.
The York Condominium has rules that prohibit people and pets creating distrubance and nuisances. And, despite repeated attempts to have Ms Ramadani deal with the problems her dog was causing, she largely ignored them and allowed the barking and peeing to continue.
So, it was pretty easy for the Court to decide that the rules had been contravened, that Ms Ramadani remove her dog and that she pay for the cleaning of the other apartment and costs of the application.
So, you'd better make sure your strata pet is well behaved if it wants to stay in your apartment. And, thanks to Chris Jaglowitz (#chrisjaglowitz) for tweeting about this case.
Francesco ....
Thursday, December 1, 2011
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Thanks for the mention, Francesco.
ReplyDeleteI'd just observe that this condo had remarkably good counsel, too, if I do say so myself!
Cheers.