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[Anonymous]

Hi,
Q.1 I exchanged contracts on my strata unit on 4 Aug 2010 at which time I knew the ByLaw 16 was Option (A). The previous tenant in the unit I bought had a cat and a unit under me had a small dog. Unbeknown to me they had not been given approval for pets. 2 weeks before settlement (settlement was 7 Sept) I wrote to Strata requesting my 2 small house dogs (one is 13 and the other 8) be permitted – it was at this time that the Strata told me that ByLaws to the property had been “repealed” from Option A to Option C (no aminals at all). The new ByLaw was registered on 11 Aug 2010. Which By Law do I fall under?
Q2. Even though Option A had been in place for many years the Owners Corporation never allowed pets. In previous Minutes its even been stated that “this building has always had a no pets policy”. Ive searched through Strata Management’s communications between them and our Owners Corporation and in numerous emails the Strata has told the OC that they cannot
enforce a no pets policy under the Section 16 Option (A) by law. It appears to me that this OC have made their own ‘house rule’ about pets and have had done so for years.
The OC have formally informed me that I will be getting a Notice to Comply to get my dogs out and will be taking me to the CTTT. Im hoping I have a good chance of keeping them, depending on which ByLaw I fall under from date of exchange and changing ByLaws overlapping. My solicitors got a strata search dated 6 Aug stating the upcoming change of by law but stated “… We have no proof of registration …”, but they did not inform me of this.
Am I right to assume that our OC have taken it upon themselves to have their own house rule regarding having no pets allowed? A group of 8 or 9 people (2 of which dont even live in the building) out of a total of 30 units cannot run the building on their own opinions.
Sorry to rant on but theres a bit involved. What do you think my chances would be at CTTT? Regards Lyn

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