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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22887
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have lived in a block of apartments since Nov 2014. The

Customer Question

I have lived in a block of apartments since Nov 2014. The first block built formed the Body Corporate and introduced the Operating Rules prior to people purchasing in Block 2.
One of the Rules (18) forbid pets. see attachment
I challenged the rule and brought a cat as the units were not sold to block 2 as being pet free.
An attempt was made at this years AGM to change the rule by adding an amendment which would allow relatives and friends to bring their dogs to visit.
The Pet rule was voted on in 4 sections as per attachment and as led by the chairperson of the meeting.
After the AGM someone made a complaint about the voting procedure used for this particular item on the agenda.
The BC committee and I am now the BC Chairperson agreed to revoke the amendment as put at the meeting, to revert to the original operating rule and seek legal advice on how to write a rule regarding pets, mainly cats, to be permitted if they have committee consent but the rule should also allow visitors and families to bring small dogs to visit for short periods as long as they were kept under control and not allowed to run throughout the complex.
I would like a suggestion as to how such a rule could be written to legally allow pets especially as the terms used in OP Rule 1 stipulate that invitees are the same as owners and must abide by the Op Rules.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
This a complex situation but the best answer with any drafting of rules is to keep it simple. Too much legalese and complicated clauses make them hard to understand. Frankly, a site this this will be limited in what we can do because we are here for general questions and not drafting details. You are best to take this to the body corporate lawyer and get considered advice with the full background, the rules and titles.
Expert:  Chris The Lawyer replied 1 year ago.
I am happy to answer general questions about what you need but the detailed drafting is beyond the scope of what we do

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