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I believe that one aspect of passing a by-law is that it requires the consent of all affected owners – might be different in the ACT, but if consent was not provided then does that provide an avenue for the now negatively-affected owner for potential recourse?
Two things.
1) I don’t think we have anything about consent by affected owners in our Act.*
2) It has become apparent that the rule (bylaw) was in place well before this owner decided to let out his unit in this way though it seems he may have been advised it was OK by a strata manager who didn’t check the OC’s rules.
*If a rule were passed that was unfair to a particular owner or a minority of owners, the solution would be to have the ACAT (our Tribunal) give orders to amend or rescind the resolution that adopted the rule.