A Gold Coast dog owner is ready to battle his body business in the High Court to keep his 2 cocker spaniels in his Southport high-rise.
- Dog owner Kerry Hayes has actually been stuck in Europe for 5 months after almost passing away of COVID-19
- Lawyer Clayton Glenister states Rivage Royale homeowner are permitted one family pet if it is authorized by the body business
- Dog owner Kerry Hayes states he will check out every legal opportunity consisting of the High Court of Australia
Last week an adjudicator from the Office of the Commissioner for Body Corporate and Community Management bought Kerry Hayes to eliminate his canines, Scooby and Bolli, from the Rivage Royale structure.
The due date was last Saturday however the residential or commercial property owner stated his canines were still in his apartment or condo.
“I almost passed away and can’t get clearance to fly back so I am in the procedure of doing that now.
“I’ve got some dog minders in there, a couple caring for my children … so truly I’ve got no place to take them and had to leave them there.”
Dogs are ‘my household, my children’
The engineer has been stuck in Austria since December and said he has daily video calls to Bolli, 6 years and Scooby, 5 years.
Kerry Hayes accepted he was breaking the adjudicator’s decision and said he was lodging an appeal.
“Subject to approval of the appeal they will enable me to keep the canines in the structure till the appeal choice is heard which might use up to a year,” he said.
“It’s extremely demanding … whatever stated versus my canines was merely not real.
The dog owner stated he went through a substantial application procedure for 6 months prior to he moved into the luxury riverside high-rise.
“They declined and asked for more information and I supplied more information,” he stated.
“In the end .. I just moved in anyway.”
The handling partner of MBA Lawyers, Clayton Glenister represented the Body Corporate for Rivage Royale body and stated owners were permitted to have one family pet in the structure.
“The owners moved those two dogs in without body corporate consent and the body corporate took issue with it.”
“Pets are a very emotional issue and so if a body corporate says ‘no’ then the lot owners often take that further.”
Advice for owners
Clayton Glenister stated individuals desiring to purchase or lease in a structure required to guarantee they can abide by the body business by-laws.
Mr Glenister stated individuals required to think about if it was ‘no-pet’ structure, or a ‘pet-on-conditions’ structure, and after that resolve those conditions.
“Take the process seriously so that you’re not just seen to be flagrantly disregarding the by-laws.
“Make the application ahead of time and get approval from the committee prior to you in fact purchase.”
Kerry Hayes said he will explore every legal avenue to keep his pets in his Rivage Royale apartment.
“The 2nd appeal procedure is the High Court and although it is extremely costly, I am well and genuinely all set to go through that,” he stated.
Mr Hayes stated he was hoping to be back in Australia in late May.