A strata corporation passed a bylaw two years ago prohibiting pets. An owner wishes to sell the owner's strata lot, but the prospective buyer has a pet. Is a "no pet" bylaw enforceable?
If the “no pet” bylaw was adopted by a 3/4 vote of the owners at a properly convened general meeting and filed in the Land Title Office, it is enforceable. A strata corporation may prohibit pets. However, the bylaw will not apply to a pet living with an owner, tenant or occupant at the time the bylaw was adopted.
Our strata corporation has a bylaw that prohibits dogs that was passed under the Condominium Act and filed in the Land Title Office. The strata corporation never filed any new bylaws when the the Strata Property Act came in. According to the Strata Property Act, the Schedule of Standard Bylaws applies to our strata corporation, but it has a different pet bylaw. Which bylaw applies?
The original pet bylaw still applies as long as it has not been repealed since the date it was passed. The Schedule of Standard Bylaws in the Strata Property Act applies only to the extent that your strata corporation does not have an enforceable bylaw that deals with the same issue. An enforceable bylaw on the same issue, filed in the Land Title Office, will take precedence over a bylaw in the Schedule of Standard Bylaws.