Wolf – it seems odd that the wording of your Plan’s Pet By-Law is merely an adaptation of the Model By-Law 17 (A) contained in the Strata Schemes Management Regulation (2010) which states:
(1) Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
The wording of your Plan’s By-Law adds no value to the above so I’m wondering if, despite your Solicitor’s reviewing the Strata Report, your Plan’s Pet By-Law is properly Registered and therefore shown as a “dealing” on the Plan’s Strata Title Document?
If it’s not Registered, then despite the fact that the Model By-Law may then be assumed to apply, confusion together with the fact that your application was decided by the Executive Committee and not by the Owners Corporation at a General Meeting where the outcome may have been different, may be the “wedges” that we’re looking for.