› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Is it OK now to buy into a “no pets” block › Current Page
Should I have more confidence now that this ruling has been overturned?
What a circus.
First thing I would say is that if there is a blanket ban pet by law then the SC has no authority to make any approvals.
”I have spoken with the committee and they are happy to allow the pets and have the pet by-law adopted and the decision ratified at the next Annual general meeting.
Could you please complete the attached pet application form and send it back for consideration asap.”
There is so much wrong about that email.
The SC can’t over ride the by-law even if the by-law is now arguably of no force.
The SC can’t guarantee the by-law will be repealed or changed at the AGM.
The AGM would need to repeal or change the by-law; not ratify the SC decision.
I think that agent and SC both have a poor working knowledge of the Act.
That seems clear.
Changing a by-law is relatively simple and it should not cost you. If an annual general meeting, by special resolution, decides to change, amend, repeal a by-law then it is typically a function of the OC to register it.
There is a period in which the OC in the Cooper case can seek leave to appeal the matter to the High Court. If the OC from Cooper decides not to do that then you can have a good degree of confidence that if necessary you will prevail at NCAT if the OC wants to try to apply their blanket ban.
I’d be more concerned about what conditions the OC might place on an approval if they do change the by-law.
I think we will see some pretty stiff criteria from some OC’s who really do not want dogs.
Note to The Hood: Please use “Quote” properly. It’s only the relevant part of the post that should be in quote format … not the whole post.