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| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie, Stuart Greene |
| Subject: | OFFICIAL COMPLAINT: SP52948 Lot 88 declined to clean dog urine from common property on 29Dec2020 |
| Date: | 29/12/20, 10:32 pm |
Good evening,
At around 21:35 hours this evening, three tenants from Lot 158 witnessed Lot 88 female owner and their daughter allowing small dog to use common property as pet toilet in basement below Block B.
Couple of minutes later, they were witnessed rushing away towards
Block C whilst the daughter was loudly screaming for some reason.
Prompt visit to the affected area proved that dog urine was left unattended and common property not cleaned.
Security guard was called and we both collected photo/video evidence. Security guard was also asked to provide details of the incident in their logbook.
CCTV recordings should be preserved as evidence for NCAT case SC
20/33352.
Official complaint against Lot 88 for the following reasons:
a) There is no information or evidence that Lot 88 (who alleges to be Secretary of the EC) followed proper procedure to keep the small dog as per CURRENT SP52948 By-law 16.
b) Animal debris affected common property in unclean, unsafe and unhygienic manner (especially important during Covid-19 heightened requirements for health safety),
There are some health hazards of dog urine and feces everybody should be aware of:
Dog and cat urine contain levels of ammonia that can irritate
the sinuses, lungs, and eyes.
Young children, the elderly, and anyone suffering from things
like COPD and asthma should avoid breathing in dog urine fumes.
A condition like asthma or other respiratory issues could be
triggered by exposure to ammonia.
If dog has a salmonella infection, coming into contact with their waste could pass the bacteria onto humans as well.
If dog is infected with leptospira, or “lepto,” for short, one should handle them with caution until they have received treatment.
Urine can also be a breeding ground for bacteria and molds, which can raise a whole new set of issues.
Concrete flooring in garages and flooring like hardwood is
porous enough that they can soak up some urine.
c) Lot 88 should have either trained their dog to use a pet toilet at home or use absorbent toileting spot.
d) In a despicable manner, Lot 88 deliberately left the dog urine
unattended, without concerns and respect for other owners and
tenants.
Such behavior amounts to complete ignorance of SP52948 By-Laws,
especially since Lot 88 alleges to be Secretary of the EC with
high duty of care.
Regards,
Good morning,
Another item for NCAT case SC 20/33352.
a) Lot 88 (who alleges to be Secretary of the EC) has been witnessed with small dog several times (last time in front of Block A on 28 December 2020 at around 17:00 hour) in direct non-compliance with CURRENT SP52948 By-law 16. No evidence of proper procedure by Lot 88 to keep an animal was published for owners.
On 30 May 2019, request from Lot 161 was denied, without valid explanation or reasons (attachment "SP52948-Lot-161-prevented-from-having-dog-without-reasonable-explanation-30May2019.pdf").
As proven many times before, SP52948 are treated differently.
b) In Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, a decision of the New South Wales Court of Appeal delivered on 12 October 2020, the Court of Appeal determined that a by-law imposing a blanket prohibition on the keeping of pets (save in respect of assistance animals) was “oppressive” contrary to section 139(1) of the Strata Schemes Management Act 2015 (“SSMA”).
NSW Fair Trading updated its website to reflect the Court’s decision: “Owners corporations should review their by-laws following the Court of Appeal decision” in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250.
c) In a separate and unrelated matter, an amendment to the Strata Schemes Amendment (Sustainability Infrastructure) Bill submitted by the Animal Justice Party’s Emma Hurst, passed in the NSW Legislative Council in August 2020. The amendment proposed the removal of any by-laws that “unreasonably prohibit the keeping of animals”.
d) All this information was known, or should have been known, to committee members and Waratah Strata Management before AGM on 22 October 2020, and could have delayed AGM for valid reasons to include:
- Motion for keeping animals,
- Full details of income and expenses (including all levy payments for individual owners),
- Corrections of misleading and incorrect statements for Minutes of AGM 2019 (including problems with Auditor's report),
- Copy of FULL insurance policy for FY 2021 (still not provided to any owner),
- Copy of Auditor's report for FY 2020, which had to comply with:
STRATA SCHEMES MANAGEMENT ACT 2015 SECT 95
STRATA SCHEMES MANAGEMENT REGULATION 2016 REG 21
- Motions for valid tender for strata and building management contracts (in spite of three-month advance notice to do it, they were ignored),
- Motions from Lot 158,
Instead, Waratah Strata Management and committee members chose to incur additional costs for EGM in January 2021 (previous estimates by the committee for conducting EGM amounted to around $3,000.00 to $4,000.00).
Regards,
