Changing the by laws after mediation is sought

ukirak – it really makes things difficult when you pose this same question in another forum HERE and then when you don’t get a response, you post again in a different forum.

I suggested before that you go to mediation in advance of the AGM and it appears that you’ve commenced that process (right?), and now that the Meeting is imminent and there’s a Motion on the Agenda that’s likely to uphold the (model) pet by-law, you’re anxious about the outcome.

The Motion that you’ve quoted in your other post is poorly worded in my opinion, because only you have sought the Owners Corporation’s consent to keep a dog at your Lot and yet the question being put is all encompassing “to permit dogs to reside within the lots of the strata scheme”.

In any case, the Motion that’s on the Agenda doesn’t seek to change the existing Pet By-Law (and it wouldn’t matter if it did as mediation is under way) but is rather to decide whether or not to be “reasonable”. So it’s an ordinary resolution (51% to pass) that according to you will be decided in the negative, in which case the Owners Corporation (O/C) and its Executive Committee (E/C) will have to justify their decision at mediation won’t they? Should mediation fail, then it’s off to adjudication where a ruling “trumps” any contrary By-Law.

Read the responses to your other post and this one, and particularly the bit about getting all your facts together, including about the all-encompassing and poorly worded Motion that gives owners the wrong impression about what’s actually before them, about the E/C Meeting to which you weren’t invited, about the absence of any precedent by virtue of an consent to you as most Lots are rented and their owner / landlords would themselves need to consent to pets (and apparently none would) before anything comes near the E/C, and how all that amounts to the O/C behaving unreasonably (and perhaps deceptively).