9 MARCH 2021 – OCN Statement
On 1 March 2021, NCAT senior member R C Titterton OAM handed down a decision in the matter of McGregor v The Owners – Strata Plan Nº 74896.
The building in which Mr McGregor and his partner live is part of a complex in Camperdown where each of the individual stratas is required to comply with the by-laws of the Community Management Statement for the complex.
By-Law 22.3 of the Community Management Statement allows owners to keep:
- a cat,
- a goldfish,
- canaries or other similar birds and
- a guide dog or hearing dog if the owner is visually or hearing impaired.
In the reasons for decision it was noted that Mr McGregor and his partner moved into the building knowing of the by-law but determining not to abide by it.
The decision, in which the senior member addressed both s157 and s150 of the Strata Schemes Management Act 2015 (SSMA), led to the conclusion that the application should fail for technical reasons. However, senior member Titterton made several important comments about the circumstances of the dispute.
Owners Corporation Network
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