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The brouhaha over pets in strata [prompts] the question – can Owners’ Corporations enact by-laws that are retrospective?
For instance, if I acquire a companion animal at a point in time when there are no by-laws preventing my doing so, can the Corporation pass a by-law outlawing any and all pets and then breach me for having one?
My argument would, of course, be that at the time there was no by-law to prevent me. A more reasonable new by-law would be one that barred the acquisition of a pet after the date of the new by-law being adopted.
Would I have a case?
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This is exactly the discussion we’re having in this week’s podcast.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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