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  • #50975 Reply | Quote
    brianpr
    Flatchatter

      The brouhaha over pets in strata [prompts] the question – can Owners’ Corporations enact by-laws that are retrospective?

      For instance, if I acquire a companion animal at a point in time when there are no by-laws preventing my doing so, can the Corporation pass a by-law outlawing any and all pets and then breach me for having one?

      My argument would, of course, be that at the time there was no by-law to prevent me. A more reasonable new by-law would be one that barred the acquisition of a pet after the date of the new by-law being adopted.

      Would I have a case?

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    • #50986 Reply
      Jimmy-T
      Keymaster

        This is exactly the discussion we’re having in this week’s podcast.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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      Reply To: Pet-rospectivity
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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