A tenant in Strata Plan VAS 5678 in Victoria, Ms. Chen, informs the property manager, David, that she has acquired a small, quiet cat and is unaware of any pet restrictions. The strata corporation's bylaws, last updated in 2021, state 'No pets allowed' and 'Owners may not rent their strata lot to any person under the age of 55'. What should David advise Ms. Chen's owner about the enforceability of these bylaws today?

Question: A tenant in Strata Plan VAS 5678 in Victoria, Ms. Chen, informs the property manager, David, that she has acquired a small, quiet cat and is unaware of any pet restrictions. The strata corporation's bylaws, last updated in 2021, state 'No pets allowed' and 'Owners may not rent their strata lot to any person under the age of 55'. What should David advise Ms. Chen's owner about the enforceability of these bylaws today?

Answer options: ✅ Both the pet restriction and the age restriction are generally unenforceable as of November 24, 2022.

• The pet restriction is still enforceable, but the age restriction is not.
• The age restriction is still enforceable, but the pet restriction is not.
• Both bylaws are enforceable, as the strata corporation has not yet amended them.

Correct answer: Both the pet restriction and the age restriction are generally unenforceable as of November 24, 2022.

Explanation: Effective November 24, 2022, Section 123.1 of the Strata Property Act renders pet bylaws that prohibit pets unenforceable, and Section 123.2 renders age restriction bylaws, other than 55+ housing, unenforceable.