ZANE v The OWNERS - Strata Plan No 83732

The applicant, Zane, sought orders against the respondents, the Owners – Strata Plan No 83732, in the NSW Civil and Administrative Tribunal (NCAT). The dispute concerned Zane's alleged breach of by-laws governing the use of common property and the keeping of animals within the strata scheme. Zane sought to keep a dog on the premises, which the Owners contended was prohibited by the by-laws.

The primary legal issue before the Tribunal was whether Zane's proposed keeping of a dog constituted a breach of the by-laws of Strata Plan No 83732, and if so, whether the Tribunal should grant an order for compliance or an exemption. Specifically, the Tribunal had to determine the interpretation of the relevant by-laws concerning the keeping of animals and whether Zane's circumstances warranted an exemption from these by-laws.

Judge Street considered the wording of the by-laws, which prohibited the keeping of animals without the consent of the Owners Corporation. The Tribunal noted that consent had not been granted. However, the Tribunal also had the power to grant an exemption if it was satisfied that the keeping of the animal would not cause unreasonable hardship to other lot owners. In this instance, the Tribunal found that Zane had not demonstrated sufficient grounds to warrant an exemption, particularly in light of the potential impact on other residents and the clear prohibition in the by-laws.

The Tribunal ordered that Zane was prohibited from keeping a dog within his lot or on common property, and that he must remove the dog from the premises. Zane was also ordered to pay the Owners' costs of the proceedings.