#61098
Sir Humphrey
Strataguru

    It seems to me that the Tribunal was asked to give orders in respect of a particular animal, for which there was no evidence. The Tribunal will only give an order that it is asked to give.

    The Tribunal correctly noted that the by-law was in conflict with legislation. However, there is nothing to stop an owners corporation from adopting by-laws, even if they cannot be enforced due to inconsistency with legislation.  If an order was sought to enforce such a by-law it would decline to give such an order on the grounds that the by-law was inconsistent with legislation.

    If somebody had put a motion to a general meeting that the animal ban by-law be rescinded and if that motion failed, the proponents could go to the Tribunal seeking an order to give effect to their motion on the grounds that it was unreasonable for the motion to have failed. It sounds like such an order would be likely to be granted by the Tribunal but that is not what they were asked.