Strata Plan BCS1234 in Victoria has a bylaw stating, 'Pets are not permitted anywhere on the common property or within a strata lot.' On November 15, 2022, a new owner, Ms. Chen, moved in with her chihuahua. The strata council subsequently fined Ms. Chen. What is the strata manager's advice regarding this bylaw and its enforcement?

Question: Strata Plan BCS1234 in Victoria has a bylaw stating, 'Pets are not permitted anywhere on the common property or within a strata lot.' On November 15, 2022, a new owner, Ms. Chen, moved in with her chihuahua. The strata council subsequently fined Ms. Chen. What is the strata manager's advice regarding this bylaw and its enforcement?

Answer options: ✅ The bylaw is unenforceable as of November 24, 2022, and any fines levied after this date must be reversed.

• The bylaw is enforceable, but only if it was passed by a 3/4 vote before November 24, 2022.
• Ms. Chen is exempt from the bylaw due to the 'grandfathering' clause, and the fine must be reversed.
• The bylaw is fully enforceable, and Ms. Chen must re-home her pet or face further fines.

Correct answer: The bylaw is unenforceable as of November 24, 2022, and any fines levied after this date must be reversed.

Explanation: Effective November 24, 2022, Section 123.1 of the Strata Property Act renders pet restriction bylaws unenforceable, with the exception of reasonable restrictions on the number, size, or type of pets. Any fines for a complete ban are invalid after this date.