Is a strata corporation’s enforcement of a pet bylaw significantly unfair?
British Columbia, Canada
The following excerpt is from Burkhardt v. Rygiel et al, 2019 BCCRT 919 (CanLII):
50. In Aasland et al v. The Owners, Strata Plan VIS 3478, 2018 BCCRT 675 the applicants had 2 cats contrary to a bylaw restricting the number of cats to 1. The applicants argued that the strata corporation’s enforcement of the pet bylaw was significantly unfair because other owners had 2 pets. The tribunal rejected the argument because there was no evidence that the applicants knew that other owners had 2 pets at the time they acquired 2 cats. In other words, the tribunal found that the relevant point in time to assess whether the applicants’ expectation that they would be able to keep to cats was objectively reasonable was at the time they acquired the cats.
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