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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44375
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am being harassed over keeping a small dog in a apartment

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Hi,
JA: Hi. What do you want help with?
Customer: I am being harassed over keeping a small dog in a apartment complex that I own with my ex had my dog before moving they are threatening me. With magistrates court
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Sunshinecoast Qld
JA: Has anything been filed or reported?
Customer: Not that I am aware of although was trying to go through QCAT but they said it was a conflict of interest for them no explanation?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Did you get the permission from the body corporate?

Customer: replied 8 months ago.
We asked them they said no
Customer: replied 8 months ago.
Unfortunately I am also going through a stressful divorce and am very short of cash

If they said no you cannot have the dog and you are in breach of the rules.

You have a right to take it to QCAT and seek an order from them to keep the dog.

I am not sure who said QCAT had a conflict of interest but that is not correct.

QCAT is the correct jurisdiction to take a body corporate to to be allowed to have a dog.

Customer: replied 8 months ago.
The realestate that sold the apart to us said small pets allowed
Customer: replied 8 months ago.
QCAT SAID THEY CANNOT TAKE ME ON THEY SAID IT WAS A CINFLICT OF INTEREST I HAVE NO IDEA WHAT THAT MEANS

QCAT is a tribunal they hear cases.

They do not take on clients.

You lodge a complaint with them against the body corporate and then you all go to court and a member of QCAT listens to both of you and decides who is right and makes an order.

Here is some information.

http://www.qcat.qld.gov.au/matter-types/other-civil-disputes/body-corporate-and-community-management-scheme-disputes

Your dispute is about the by-laws

Customer: replied 8 months ago.
What would they say they cannot help me I was waiting and had booked an appointment to speak to someone about this

I do not know.

You have to download the application and complete it and file it.

They wont give you an appointment. It is a tribunal, similar to a court.

You are best to see a solicitor that practices in property law and in particular deals with body corporates.

QCAT will only take your application and list it and the matter will then run.

Customer: replied 8 months ago.
Thankyou very much Leon appreciate the info will do as you say. Alecia

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 8 months ago.
Leon was excellent

Thank you

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care

Regards

Leon

Leon and other Australia Law Specialists are ready to help you