@scotlandx said:
In relation to pets, that is not correct mini and is established law.
Daniel Russell, one of the leading strata lawyers, says otherwise (on another website)
As I said, it really depends on the terms of the by-law. Namely whether the by-law has a “savings provision” or “grandfather clause”.
I don’t believe an OC can mandate the tradespeople residents can use, i.e they must use a particular one.
In answer I would simply refer you to the passage of Campbell JA in White v Betalli at [205] (who formed the majority in that case):
“There is nothing in the notion of a by-law that, of itself, imposes any kind of limitation on the kind of regulation that might be adopted, beyond that it is for the regulation of the particular community to which it applies. Any limitation on the type of restriction or regulation that can be a by-law must arise from the statute that enables the by-laws to be created, or from the general framework of statute law, common law and equity within which that local community is created and administered.”
The passage was also approved in another decision of the Court of Appeal.
Quite clearly, an owners corporation can “mandate the tradesperson residents can use” through by-laws.