• Creator
    Topic
  • #7627
    Billen Ben
    Flatchatter

      Here is an interesting set of events that Flat Chatters may find amusing.

      A strata plan (SP) has a prohibitive by-law regarding the keeping of dogs and cats.

      In 2002 a little old lady, an Executive Committee (EC) member at the time, decides to get a dog. This little old lady actually voted for the prohibitive by-law.
      The little old lady is not sent a notice to comply but instead the Owners Corporation (OC) goes to adjudication over the matter and the little old lady gets to keep the dog and the adjudicators order recommends the OC amends it by-law.

      In 2008 after there was no amendment to the by-law an owner asks an adjudicator to repeal the by-law to force the issue. The matter gets dismissed with the adjudicator saying he will keep the status quo.

      In 2011 an elderly gent has a dog and after some back and forth between the owner and the EC the owner is sent a notice to comply. The OC then drag the owner off to the Consumer Trader & Tenancy Tribunal (CTTT) for a pecuniary penalty and the old guy gets a $200 fine.

      The old lady who blatantly breaches the by-law gets to keep her dog and the by-law is not enforced.
      The OC that refuses to follow the recommendation of an order, to amend the by-law, gets to keep its prohibitive by-law
      The old guy gets a fine.

      It all happened in one SP and it enforces the idea that CTTT’s strata division should be closed down

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