129AKeeping of animals

129A Keeping of animals

129A Keeping of animals

(1) Each of the following has no force or effect to the extent it would unreasonably prohibit the keeping of an animal on a lot in the scheme—

(a) a by-law,

(b) a decision of an association made under a by-law.

(2) It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or association property.

(3) The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or association property.

(4) A by-law prohibiting the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot.

Note—

Section 140(2) provides that the Tribunal may revoke part of a management statement if the Tribunal is of the opinion that it contains a by-law that is harsh, unconscionable or oppressive.

(5) An association is taken to have given permission for the keeping of an animal on a lot if—

(a) the association made a decision about the keeping of the animal in contravention of subsection (1)(b), or

(b) a decision of the association is required before the animal may be kept on the lot and the association failed to make a decision within a reasonable time.

s 129A: Ins 2023 No 45, Sch 4[23].