Some schemes have rules that ban animals, but most allow owners and occupiers to keep animals, reptiles and birds if they obtain permission.
In terms of section 39 (2) (b) of the CSOS Act, if an adjudicator is satisfied that an animal kept in a private area or on common areas is causing a nuisance or a hazard or is unduly interfering with someone else’s peaceful use and enjoyment of his or her private area or common area, she or he may give an order requiring the owner or occupier in charge of the animal-
“(i) to take specified action to remedy the nuisance, hazard or interference; or
(ii) to remove the animal”
Examples of issues
If an animal, reptile or bird repeatedly behaves in any manner that unduly and substantially interferes with someone else’s lawful and peaceful use and enjoyment of a private area or any part of the common areas, this will be considered nuisance. Below are some examples.
- Continuous noise, such as dog barking or parrot screeching.
- Dogs that jump up on people or chase, attack or bite other animals or persons and cats that intrude into private areas or fight with others.
- Pets that defecate on common areas.
Example of order
An example of the type of order the CSOS could give is:
1. That the male black doberman kept by Joe and Sue Grant in flat 302 Fulham Heights has behaved in a manner that is a nuisance.
2. Joe and Sue Grant are ordered, with immediate effect, to ensure that the dog is kept on a leash at all times when it is on any common area.
Is this not the right order – is either the type or category is wrong for your matter?
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