#52509
Jimmy-T
Keymaster

    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 The SC can’t guarantee the by-law will be repealed or changed at the AGM.

    If the by-law is no longer enforceable – and it definitely isn’t –  then it doesn’t matter whether or not the OC can revoke it.  The by-law has effectively gone and all the “if and ands” won’t save it.

    Your post is unnecessarily alarmist.  The FlossieB should go ahead and fill in the form.

    The only thing that would change the situation would be if the losing side asked for a “stay” of the implementation of the ruling, prior to an appeal, and they haven’t.

    The “no pets” by-law may still be there in print but it has ceased to exist in terms of there being repercussions if FlossieB takes a pet into the block.

    However there are model by-laws that contol the  conditions for allowing pets and they come into force in the absence of other effective by-laws.  Hence the form still being valid.

    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.