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Recently I wrote to the my Executive Committee about airbnb in our apartment building. Our special by-law reads:
The owner, occupier or lessees of a lot must not carry on, engage in, operate, permit or suffer to permit an activity, business, development, enterprise, trade or undertaking of or associated bed and breakfast accommodation, a boarding house, a backpackers hostel, a motel or hotel, a tourist facility or short term holiday or student accommodation, on a lot or on common property.
The Chair of the Executive Committee replied:As the rest of the committee is well aware, the bylaw you quote is invalid. Just give fair trade a call on their 13 number. They’ll explain it all to you. I’m the chair of the committee and it is great to keep things nice and compliant. Invalid bylaws can’t be enforced.The Chair also happens to be the airbnb host. Is the special by-law invalid? Can the by-law be enforced? On the face of it she is in breach of the by-law and, if so, can she still remain Chair? Any advice would be welcomed.
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