Rose Bay pensioner wins fight to keep pet pooch after strata law change
An 83-year-old pensioner has won his fight to be allowed to keep his pet pooch, his "best mate" Bu, in his Sydney apartment after the dog was banned by a change in strata laws.
NSW
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An 83-year-old pensioner has won his fight to be allowed to keep his pet pooch, his "best mate" Bu, in his Sydney apartment after a change in strata laws saw the dog banned.
Colin Marshall bought his ground floor Rose Bay unit in August 2019 on the basis that pets were allowed in the building.
Two months before he moved in and in accordance with the strata by-laws, Marshall applied for pet approval from the Owners Corporation.
The Telegraph has cited confirmation from strata manager, Kooper & Levi, of receipt of this application.
However, in November 2019 the Owners Corporation convened an extraordinary general meeting where the by-laws were amended to prohibit pets in the building.
Kooper & Levi then wrote to Mr Marshall to say that he was in breach of the rules and needed to submit another application to be assessed under the new by-laws.
The Daily Telegraph broke the story last month, with the owners corporation on Tuesday granting permission for Mr Marshall to keep Bu in his apartment.
“Permission has now been granted for Mr Marshall to keep Bu in his unit,” a statement from the owners corporation read.
Mr Marshall was in hospital when he found out the issue had finally been dealt with.
“Bu & I are absolutely over the moon,” Mr Marshall said. “I am so happy with the result. I have been very anxious at the thought of losing my best friend so this is such a relief. I’m so grateful for everything Richard & Danny did for me.”
Last month, Mr Marshall said: “I just want a quiet life for the final years that I am here. I don’t know how much longer I am going to live. I’ve got prostate cancer, I have just had a heart valve procedure done and I’ve got an arthritic knee that I need to get done. I just want a quiet life. I don’t want any hassles.”
Bu, whom Mr Marshall adopted last year, is his companion and best friend.
“I moved because I wanted to get a ground floor unit near the shops and near the golf course,” he said. “I could have stayed where I was for a couple of years but the time was going to come I’d have to move. Bu is the social being in my life. She is the one that makes everything possible for me.”
Mr Marshall was assisted by agent Richard Buttrose, the nephew of media identity Ita Buttrose, and real estate agent Danny Doff.
“Mr Marshall followed the correct process from the very beginning,” Mr Buttrose, who filed an application in the NSW Civil and Administrative Tribunal seeking orders that Marshall be granted permission to keep his pet in his apartment.
“The Owners Corporation changed the by-laws and then tried to retrospectively apply them. It was an honour to go into battle for Colin and Bu.”
Colin’s very popular in the neighbourhood,” Doff said.
Originally published as Rose Bay pensioner wins fight to keep pet pooch after strata law change