kiwipaul said:
Morality don’t come into it just the law. Your argument that because EC doesn’t enforce one bylaw they cannot enforce any bylaw is seriously flawed. If that was the case any complainant would only have to show at CTTT that EC failed to enforce bylaw x so they are unable to now enforce bylaw y.
Firstly, I never said “because EC doesn’t enforce one bylaw they cannot enforce any bylaw”, nor would I. These are your words, not mine.
I was talking specifically about mediation (which is why I used the word ‘mediation’) and in that case morality certainly does come into it. Mediation is an attempt to reach a compromise in the hope than time and money aren’t wasted in the nitpicking of the law when a solution that would suit everyone is there to be had. It is far from “just the law”.
So, in this case, I would be saying, you enforce the by-laws against parking in visitors parking and I will only rent my car space to residents.
By the way, if there is no specific by-law against renting car spaces to non-residents, and there are no other mechanisms, such as requiring guests to the complex to be accompanied at all times, or over-arching by-laws about maintaining security, this owner can tell the EC to take a jump.
One of the most fundamental aspects of a Notice To Comply is that the by-law that has been breached has to be listed. No by-law, no breach.