› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › ‘No Pets Policy’ when by-laws allow pets on request and the CTTT position › Current Page
The difference between a by-law and a 'policy' is that the by-law has considerable legal standing and the unwritten policy has none.
If the owners are thinking of changing the by-laws – and they will need 75 percent of owners to vote in favour to do that – you need to move quickly to get your cat into the building.
The EC saying they are thinking of changing the by-laws is not grounds for refusal. It's speculative and they might not garner enough votes to do so in any case – the can't preempt a decision by the Owners Corporation.
The CTTT will look at the by-laws as they stand in the first instance but they are unpredictable when it comes to interpretation – members have been instructed over the years not to interpret by-laws but every so often one of them decides he or she has the wisdom of Solomon and the law books get thrown out of the window. What I'm saying is, right now you are in a strong position but there are no guarantees.
If I were you I'd gather together all the evidence you need to show that the cat you plan to move into the building couldn't possibly be a nuisance to anyone – and even if it were, it would be covered by other by-laws relating to noise, damage and nuisance – and make your request.
If they really are planning to ban pets, be prepared for a battle but right now, on the face of it, you will probably win.