Unfiled Pet Bylaw Leaves Strata Corporation in Legal Limbo
A strata corporation in Chilliwack is grappling with a contentious dispute after a pet bylaw, passed in 2024 but never filed, has created confusion over a new owner's cat. The bylaw, which restricts pets to only fish and caged birds, was approved by a three-quarters vote at an annual general meeting (AGM). However, due to an administrative oversight by the property manager, it was not registered with the Land Title Registry, rendering it unenforceable under the Strata Property Act.
Legal Implications of Unfiled Bylaws
According to Tony Gioventu, executive director of the Condominium Home Owners Association, the failure to file the bylaw has significant legal consequences. While the Act does not impose penalties for non-filing, bylaws remain unenforceable until properly registered. In this case, the strata corporation's incomplete records, including minutes that lack the specific wording of the resolution, further complicate matters. The new owner received a Form B Information Certificate that did not disclose the unfiled bylaw, raising questions about transparency and compliance.
The situation escalated when the new owner, who moved in with a cat, was informed of the bylaw. Under the Act, a pet bylaw prohibiting animals does not apply if the pet resided with the owner before the bylaw was passed and did not violate existing regulations. However, with the bylaw unfiled, its status is murky, leading to internal conflict within the strata corporation.
Risks of Enforcement Without Proper Documentation
Gioventu warns that attempting to enforce the unfiled bylaw could backfire. "Penalizing a new owner for not complying with a bylaw that was never filed or disclosed to them will only drag your strata corporation into a tribunal claim you are unlikely to win," he advises. The strata's previous bylaw allowed one cat and one dog, but it is unclear whether this was repealed or amended, adding to the confusion.
To resolve the issue, Gioventu recommends several steps:
- Confirm all factual details, including meeting minutes and voting records.
- Consult with a lawyer to develop a remediation plan.
- Convene a meeting with the affected owner to find an amicable solution.
- Present the bylaw amendments again at the upcoming AGM for ratification by a three-quarters vote.
- File the bylaws promptly after approval to ensure enforceability.
Preventive Measures for Future Compliance
This case underscores the importance of proper documentation in strata governance. Gioventu emphasizes that publishing all resolutions and bylaw amendments in meeting minutes is critical, as they serve as evidence of owner approvals. By addressing these administrative gaps, strata corporations can avoid similar disputes and maintain legal integrity.
As the strata corporation moves forward, the focus is on rectifying the error while accommodating the new owner's situation, ensuring compliance with the Act and fostering a harmonious community environment.
