› Forums › Pets: Furry friends … or fiends? › No-pets bylaw survives… because there’s no pet › Current Page
03/02/2022 at 5:20 pm
#61194
In other words, register as many invalid by-laws as you like but don’t be surprised if, when you try to enforce them, an owner or tenant challenges them, and the Tribunal bounces them, saying they don’t have any “force or effect”
Regardless of whether one agrees or disagrees with the legal reasoning behind the decision, I believe it comes up short with regards to public policy considerations. It essentially places the onus on occupants (and potential purchasers) to read through the by-laws which are ‘on the books’ and come to their own conclusions as to their validity under the SSMA.
If NCAT took a more proactive approach to invalidating those by-laws (a task which it is best placed to do), then there would be no ambiguity about whether or not they are enforceable and valid, as opposed to simply being ‘on the books’ despite an incompatibility with the relevant legislation.