› Forums › Pets: Furry friends … or fiends? › No-pets bylaw survives… because there’s no pet › Current Page
Just thought i should mention in the Roden case the by-law was invalidated where there was no pet in question at the time of the application.
The Tribunal was asked to invalidate the by-law under s 150
It is not relevant to s 150 if the applicant had or was seeking to get a dog.
The validity of a by law turns on the “inherent qualities” of the by-law.
This is well expressed in the Cooper case in a number of paragraphs.
It is interesting that it is rather true a SP can have a raft of unenforceable by-laws on their books when we often see in NCAT matters applicant’s claiming they bought in because of some particular by-law.
People rely on the integrity of by-laws but it seems there is no obligation for those by-laws to have any integrity.
Strata is a wonderful place.