Strata laws about dogs: Young woman’s neighbours ‘mean’ over her dog with dementia

Sabrina Damiano, 36, has been ‘put through hell’ by her neighbors over her older dog, Rofie, both pictured

A young woman is left in tears and wants to move out after cruel neighbors continue to berate her for her elderly dog.

Sabrina Damiano, 36, bought her dream home last October and moved in with her rabbit and dog in December.

Initially, she was filled with excitement, having ‘done her best’ to afford the house in one of Sydney’s most desirable beachside suburbs.

But soon after, the public relations executive was on the phone with her father, sobbing, after receiving a body “violation” message about her frightened, dementia-stricken dog.

She told FEMAIL that she called her father as soon as she saw the legal note.

“I cried hysterically and told him I wanted to sell immediately, that I didn’t want to be around these people,” she said.

Sabrina explained that Rofie sometimes barked during the day, probably because he didn’t know where he was due to his dementia.

But she has done everything she can to minimize his discomfort, and thus his stress, and is home with him for most of the week.

“I took him to the vet and he was put on the right medication for his anxiety, he takes two tablets a day and herbal supplements.

Sabrina bought the house in October, the drama started in January and things got even tougher in March when she was threatened with eviction notice

Sabrina bought the house in October, the drama started in January and things got even tougher in March when she was threatened with eviction notice

Sabrina posted this message in the building after introducing herself to her neighbors

Sabrina posted this message in the building after introducing herself to her neighbors

“I went to PetBarn and spent like $2,000 to buy something that claimed to be helpful for anxiety so I could control his barking,” she said.

She has also shaken off her working week so that he is not often alone at home.

“I send him to doggie day care on Mondays, when I teach at the university, and when I’m at my PR work on Tuesdays and Wednesdays, he’s home.

“I work from home the rest of the time, take him to events when I can and decline invites when I can’t,” she said.

“I also put a camera in the house so I can see when he barks, and when I’m gone he’s usually asleep,” she said.

She explained that Rofie has dementia and so probably doesn't understand where he is when he wakes up in the middle of the day

She explained that Rofie has dementia and so probably doesn’t understand where he is when he wakes up in the middle of the day

“I won’t say he doesn’t bark, he does, but he’s a small dog too, at the end of his life it’s not a loud bark,” she added.

Sabrina says she let her neighbors know when she moved in last year, baked them cookies, brought them chocolates and introduced them to Rofie.

Survey

Who’s wrong?

  • The neighbours 100 votes
  • Sabrina 46 votes
  • Both 27 votes

She also posted a sign in the common areas explaining that he would bark a little when she wasn’t home, but that she was doing everything she could to reduce it.

But in January, three of her elderly neighbors began expressing concerns.

“One of them called me a young jerk,” she said.

“Another asked me how long he would live, it’s horrible,” she said.

The breach notice she received over the weekend claimed that the barking, which occurs on Tuesday and Wednesday, was an invasion of the “peace and comfort” of the other residents.

It also said another breach could come hand in hand with a $1,100 fine.

After that, the fine can be doubled.

Sabrina said one of her neighbors called her a

Sabrina said one of her neighbors called her a “young jerk” when talking about the dog

Sabrina, who has worked hard to keep her beloved dog from barking, was shocked by the “inhumane” response.

“I’ve checked the other apartments and no one else has a problem, just these three,” she said.

“The woman who lives next door to me even gives him a treat,” she added.

She added that “he doesn’t bark at 3am.” It’s more likely around the middle of the day, when he wakes up from his morning nap.

She insists she’s a great neighbor otherwise.

“I’m quiet, I don’t have people over, I even watch TV with my Air Pods in,” she said.

Sabrina said she even helped one of the “annoying” neighbors.

“She hurt her back and I opened the ambulance door and sat with her until they came. I gave her water and biscuits,’ she said.

The three neighbors complaining about the dog are “old,” she said.

“This isn’t a retirement village, we’re in the middle of a busy suburb, this is high-density living.” she added.

“There’s noise all around us.”

What is the noise law in NSW?

Most neighborhood noise is regulated by city councils and police. Regulation can occur when the sound is “offensive” or “annoying”.

Offensive noise is defined in the Protection of the Environment Operations Act 1997 as noise which, by reason of its level, nature, character or quality, or the time of its making, or any other circumstances:

– harmful (or likely to be harmful) to a person outside the place from which the sound originates, or

– unreasonably disturbs (or is likely to unreasonably disturb) the comfort or tranquility of any person who is outside the place from which the noise originates.

For example, a certain kind of sound can be particularly disturbing because it is made in the middle of the night when people are usually asleep.

Noise from barking or howling dogs is a common problem between neighbors. The Companion Animals Act 1998 regulates pet ownership and establishes when a dog or cat causes a nuisance by making noise. A dog or cat will be a nuisance:

– if it makes persistent noise, and

– the noise unreasonably disturbs the peace, comfort or convenience of another person in another property.

In addition to offensive noise, there are certain types of noise that have limits on when they can be heard from someone else’s home. The table below provides an overview of these types of noise and the times when that noise should not be audible in the neighbour’s house.

Musical instruments and other amplified sound such as CD players and the television:

Between midnight and 8am (Friday, Saturday and any day before a public holiday).

Every other day between 10pm and 8am.

Power tools and garden equipment such as lawnmowers and pool pumps:

Between 8 p.m. and 8 a.m. (Sundays and public holidays).

Every other day between 8pm and 7am.

Air conditioners:

Between 10 p.m. and 8 a.m. (Saturday, Sunday and public holidays).

Every other day between 10:00 PM and 7:00 AM.

​Cars on residences (except when entering or leaving the residence):

​Between 8 pm and 8 am (Saturday, Sunday and public holidays).

Every other day between 8pm and 7am.

Car alarms:

More than 90 seconds (for a car manufactured before September 1, 1997).

More than 45 seconds (for a car manufactured on or after September 1, 1997).

Building burglar alarms:

More than 10 minutes (if the alarm was installed before December 1, 1997).

More than 5 minutes (if the alarm was installed on or after December 1, 1997).

Source: NSW Government