See you in court? When squabbles between neighbours go sour

When Katherine Pranic bought her new apartment in Newport, NSW, one of the deciding features for her was the fact that the strata plan allowed pets. Approval was required by the strata committee but as Ms Pranic knew that this couldn’t be unreasonably withheld, she was confident that she’d soon have a dog in her new home. She was wrong.

Ms Pranic initially tried to adopt an apartment-friendly older rescue dog but, in each case, the strata committee took so long to respond to her approval request that the dog was homed elsewhere. Instead, she decided to investigate whether her family dog, Sarge, could adjust to apartment living.

“I did advise the body corporate manager that I was trying Sarge out for a few weeks,” she recalls. “I figured if Sarge didn’t like it or showed any signs of stress from the change, he could go back to my family home.”

Sarge adapted beautifully and Ms Pranic, who was undergoing treatment for thyroid cancer at the time, benefited enormously from his presence. Sarge had passed his Pets As Therapy training, and Ms Pranic’s request for approval was accompanied by letters of support from neighbours, her medical team and an animal behaviourist. Despite this, at least one member of the strata committee remained strongly opposed to Sarge’s presence in the building.

Approval was never granted and Ms Pranic eventually opted to have the matter resolved in the NSW Civil and Administrative Tribunal.

“I was fairly confident that I had a strong case and the ultimate NCAT decision reflected this,” recalls Ms Pranic. “While I don’t like fighting, I am an ex-lawyer and that means I’m not afraid of confrontation, so I will fight if something is important to me.”

NCAT found in Ms Pranic’s favour and granted her permission to keep Sarge in her apartment. But the dispute took its toll. “This was something I didn’t need in my life. My resilience was already low and I didn’t have the energy to spare, but I just had to keep my eye on the big picture,” she says.

Happily, Ms Pranic is now on good terms with the majority of the strata committee members. However, despite her attempts at reconciliation, the relationship between her and the opposing neighbour remains strained.

Meldon D’Cruz, principal at Cruz Legal in Melbourne, suggests that often a polite chat or a short letter can resolve disagreements before they become too hostile.

“Disputes between neighbours can vary from simple disagreements about visitors’ parking or noise late at night to more involved issues such as nuisance, trespass, fencing issues or full-blown building disputes,” he says.

Not all disagreements can be resolved amicably but that doesn’t necessarily mean getting a lawyer involved. Resources such as Community Justice Centres in NSW or the Dispute Settlement Centre in Victoria offer low cost or free mediation services between neighbours. If mediation fails, however, legal action might become necessary.

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“Matters relating to repairs of fence lines must go to the Magistrates Court in Victoria,” says Mr D’Cruz. “Other matters, such as noise or harassment, can be taken to VCAT.”

VCAT, or the Victorian Civil and Administrative Tribunal, has four divisions which hear and decide administrative, civil, human rights and residential tenancy matters. Each state has a similar tribunal which offers a fast and less expensive way to deal with neighbourly disputes.

But even taking a matter to a tribunal comes at a cost and Mr D’Cruz has had both professional and personal experience in this area. He was taken to VCAT by a neighbour over a fence line issue and he was forced to take legal action against another neighbour in connection with a body corporate matter.

“If you are faced with a difficult situation, find a lawyer who can give you practical options to resolve the matter without going to court in the first instance,” he says. “Going to court or to a tribunal can be draining financially, emotionally and time-wise.”

But for Ms Pranic, it was all worthwhile. “If anything, Sarge’s presence has made our building more community-minded,” she says. “People stop to chat. It’s lovely.”