88 replies to this topic

[DavidL]

No, a bylaw cannot be broken (or at least it shouldn't) but you can restrict an activity or a usage that a bylaw works to limit or control in some way. I.e., the bylaw does not give you the right to own a dog in your condo, but it restricts you to owning one of your strata bylaws permit you to own a dog(s).

 

Correct, rental restriction bylaws are a good example of this.

[shoeflack]

I see. It's an interesting point. You would think that the City would amend this bylaw to meet the realities of the day, especially when single-family housing is essentially a non-starter in the city, whereas condos are becoming the new standard.

 

If you think the uproar was bad when the City enforced a bylaw on Cody the dog, can you imagine what it would be if they started to enforce this bylaw? I would have to guess that there are hundreds of apartment dwellers in the City that have two dogs in their home.

[jonny]

While I support dogs in condos, (brings up property prices), there is an interesting wrinkle in the city of Victoria animal control bylaw which states:

 

(3) Notwithstanding subsections (1) and (2) the occupier of each apartment in an apartment building under whatever form of land title, may keep one dog.

 

So is the necessary assumption then that while two or more dogs may not be a strata bylaw contravention it is a city bylaw contravention, which in turn would be a contravention of the standard strata bylaw that owners will not do anything in violation of municipal bylaws?

 

What if it is a condo in a condo building and not an apartment in an apartment building? Is there a legal difference?

[VicHockeyFan]

I've always felt all condos are apartments, but not vice versa.

 

But you can get grey-areaish in condos with townhouse units.

[DavidL]

I think the "whatever form of land title" proviso would cover rental buildings, stratas and leaseholds.

[LJ]

Yeah, like the city is going to enforce bylaws. Oh, just a minute, those are the laws they put in place. They just might then.

[Nparker]

Yeah, like the city is going to enforce bylaws. Oh, just a minute, those are the laws they put in place. They just might then.

Yeah it's only federal laws with which the city has trouble enforcing.

[sebberry]

Yeah it's only federal laws with which the city has trouble enforcing.

 

We all know what happened with Cody.

[Nparker]

We all know what happened with Cody.