#14724
Jimmy-T
Keymaster
Chat-starter

    Les, there is no obligation on an executive committee or owners corporation to enforce their own by-laws. You could be, let's say, parking in visitors parking every day despite a by-law that says you are not allowed to do so. If no one complains then nothing will happen but even if someone does complain and the Executive Committee decides that this isn't an issue with which they want to trouble themselves, they can legitimately decide to do nothing.

    There is a legal argument (yet to be tested, I believe) that the Owners Corp has an implied duty of care. But there is nothing in the Act that says the EC or OC has to pursue even legitimate complaints about breaches of by-laws (unless they affect the maintenance and repair of common property) hence “optional”.

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