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Our OC have created their own covid lockdown by-law for our building restricting use within both out Lot, and use of the common property.
If I understand this by-law correctly, not only are we not allowed to invite family or friends into our homes until the Pandemic is officially over but residents are not permitted to rent out their lot’s or get new tenants if leases end post the by-law date.
I understand that a by-law can’t conflict with the SSMA or any other piece of government legislation and that they can’t override or impede upon our personal or civil rights which this By-law, seems to do.
Is this lawful? I have included some excerpts from the by-law below.
“Invitee” includes any guest, visitor, employee or contractor
“Permitted purpose” means the purpose if the delivery of food, groceries, other goods or services for the personal needs of your household, medical services or medical supplies and any other purpose approved by the owners corporation
“new resident” means any person who is not already an occupant of your lot on the by-law start date.
“Recreational facilities” means any swimming pool, spa, sauna, gymnasium, playground, barbecue area, games room or other similar recreational facilities that are situated in the strata scheme.
You must not attend or host any party or social gathering in a lot or on the common property
You must take all reasonable steps to ensure that your invitees are not invited to your lot and do not enter the building for any purpose other then a permitted purpose.
You must not use, or permit any other person to use any of the recreational facilities without the prior written consent of the owners corporation.
You must take all reasonable steps to ensure that a new resident does not occupy your lot after the by-law start date without a lawful excuse.
You must take all responsible steps to ensure that a new resident who does not have a lawful excuse for occupying your lot after the start date is not invited to occupy your lot or make a booking to occupy your lot after the by-law start date including short term accomodation websites such as Airbnb and Stays.
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