By: Martin K. I. Rumack, Barrister and Solicitor
Living in a condominium can be the best of both worlds: a condo owner has outright title to his or her own unit, but at the same time can enjoy the benefits of shared responsibility for the common elements and enjoy the “instant community” that a condo living can provide.
For pet lovers, however, the condominium lifestyle can have its drawbacks. This is because condominium corporations are entitled by law to set restrictions on a unit owner’s right to keep pets – or may prohibit pet ownership outright. The authority to do this comes from the Ontario Condominium Act, 1998, which clearly allows condominium corporations to include such restrictions or prohibitions in their declarations.
As with most rules, however, there can be exceptions. The condominium corporation’s declaration can be amended to allow for pets, but only if the owners of at least 80 per cent of the units consent in writing. The condominium board must also approve of the amendment, must hold certain meetings, and must notify the mortgagees of the proposed change.
Unfortunately, if the declaration has not been amended to allow for pets, there is little that a pet-loving unit owner can do. Several years ago, a unit owner challenged her condominium corporation’s “no pets” rule in the Ontario courts, on the grounds of unfairness. She wanted her dog “Jazz” to be allowed to live with her in her condominium unit, and pointed out that there were many other owners who kept pets. She also relied on the fact that the condominium management staff had never complained about pets being on the premises, and had never tried to enforce the prohibition before.
Although the court concluded that it had the right to override the “no pets” prohibition in the declaration, it could only do so in the right combination of circumstances. In particular, the court felt that it had to take into account the overall nature of the specific condominium environment, including the following factors:
- The nature of the total development — for example, is it a high-rise or townhouses? Does it consist of senior only or mixed residential?
- What are the reasonable expectations of the other occupants of the development?
- How seriously do other occupants take this particular issue as opposed to other issues?
- Does the conduct of the unit owner in question interfere with others?
- Have there been any complaints by other unit owners?
- What is the relationship between or amongst the various interested parties?
- What is the actual wording of the covenant which is being enforced — are similar pets allowed, for example, while dogs are disallowed?
- What are the advantages of requiring compliance compared to the advantages of permitting noncompliance?
In the end, the court was sympathetic to the fact that the unit owner was extremely fond of her dog. Nonetheless, it found that she had to abide by the condominium corporation’s rules.
This may seem like an unusually harsh outcome, and one which will no doubt rub pet-lovers the wrong way. However, the court reasoned that, by allowing the “no pets” prohibition to be ignored, the door would be open for other unit owners to request all kinds of other exemptions. And in the end, unit owners need to be aware that the condominium corporation’s by-laws and declaration are in place for a good reason, and will be enforced both by the condominium corporation and by the courts if necessary.
The underlying message to both pet lovers and non-lovers alike is that the condominium ownership is different from owning a freehold home. Condo owners must be prepared to live by the rules of the community that they are joining – after all, the rules are designed to benefit all owners as a whole.
Martin K. I. Rumack is a Toronto based Barrister and Solicitor and is a regular contributor to the Muddy York Blog. Contact Information: 202 – 2 St. Clair Avenue East, Toronto, Ontario, M4T 2T5, Tel: (416) 961-3441 (Ext. 26)
I understand the 80 per cent in writing to have the rule amended. Does the condominium board also have to have 80 per cent in order to impose this rule if it did not previously exist? thanks
mike
I do own my unit and there is a no pet rule, I have lived here 17 years. There are many owners in the building that have cats. Ibought two toy maltese pups over a year and there has been no complants noone had seen them only a few people anyhow now pups go out and someone always has something to say in the elevator can the board do anything about my pups since noone knew i even had them and between the two pups they weigh 11lbs. If the management brought me to court what would happen and would the other people have to get rid of there cats?
I have two toy maltese they weigh 11lbs together there is a anopet bylaw but there are lots of cats. what will the management do if they knew about the pups?
no pets mean no cats also is this correct
I am about to rent a condo in a building that does not allow animals that cannot be “carried” – i.e. they are not allowed in the common areas of the building. We have a senior great dane and the unit is on the ground floor with private access to the outdoors. He would never be in the rest of the building and is too old to be adopted. Also, I understand the laws for renting an apartment are different than the bylaws of the condo association and the landlord tenant act does not allow for eviction unless the pet is a danger to other residents. Do I have any recourse if my new landlord refuses to allow our dog in the apartment?
I am currently renting a condo in Ontario and am looking to take on a cat. My neighbor in the unit beside has a small dog that yips a little from time to time, however, not enough to bother me. I live on the second floor of my building and rarely even see my neighbors. Would it be safe to aquire a cat or would this cause a problem? I do completely understand the concern of damage, odors, allergies, etc. Looking for advice.
Hi, I have a 14 year old female dog. I am first time home buyer. The condo building that I am in adverstised a Pet friendly condo living. From June to current date October 2011, I am in dispute with Property Management and The Board to reconsider a letter that stated for me to remove my dog from the building.
A person on my floor is mentally disfunctional and who has a dog had complained to property management about my dog. I am fighting for my right to keep my dog in my home. I am paying a mortgage, not a renter, pet friendly building is not too pet friendly. I am wrongfully accused and asking for legal advise and or a legal representative who will attend to this sensative case.
Thank-you
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I would like to take my service dog to visit my father who has dementia and lives in a condo that does not allow pets (of course their are board members who have pet cats !!). Can my service dog be denied entry to the building ? I am willing to be escorted into and out of his suite.
Your service dog cannot be denied anywhere, even if there is a no pets policy Viola! Unfortunately many condo board members, employees, people etc. are not educated on the matter – but you are in the right.
OH MY GOSH….I didn’t mean to write service dog. I just wasn’t thinking straight when I wrote to the Real Estate Guide. Matty is a certified St. John’s Ambulance Therapy Dog for the last 3-1/2 years. Even with lots of support behind us, the board of my dad’s condo is adamant in not allowing Matty into the building. She is now going to be my service dog for medical reasons and I believe, as you have stated, they will then NOT be able to deny her entrance. I will carry a medical letter from my doctor, a printout from Service Ontario Accessibilities for Ontarians with Disabilities Act, 2005 and just waiting for Matty’s ID tag. Thank you so much for taking the time to respond to me….very much appreciated.
You are very welcome! It is unfortunate that you have to carry all of that with you just to go places with the dog… One day hopefully everyone will know that therapy and service dogs are welcome anywhere – we learned it as kids!
Hello, No Dogs, No Bikes, No Deliveries, throught the lobby…What about UPS,Canpar, they can conveniently park in the fire route and conduct their business, and pay no share of the common elements? Insane! And I have to dread walking her cuz someone with nothing better to do, managemant-super…lol…Meanwhile everyone else smiles when they see her… Apricot toy poodle, 9.5 lbs….What a joke, and I carry her everywhere! …
I would like to know that if it states no pets this should mean no cats also my condo is telling the few people that have dogs that they need to get rid of their dog but what about the people that have their cats and then the by law has never been inforced. So should these peole have to get rid of their dog which they have had 12 years. Not fair get rid of the cats as well
It does extend to cats, but the condo has a legal obligation to enforce their own rules at all times. If they’ve never enforced their no-pets rules and then now all of a sudden are, you could have a case. Similar situations have happened in Toronto, where the pet owners were allowed to keep their pets because the condo never really enforced the rules and seemed to just be picking on certain individuals. It may have to go through mediation, though.
Hello and thank you for your response. There is a dog run in the back if you can call it that, It’s small…Nobody picks up and I keep her so clean, pamper wipes on the pee pee & bum etc, rinse her feet when home…So, I was told once by the Super, It’s ok through the lobby if I carry her…But after 5 Prop Man changes things are not inheirited properly… Bottom line is, there is a camera at the so called dog run, lol… They should chargeback the ones that ruin it for the rest by way of fine, like if a landlord fails to shovel the snow… then use those funds for the upkeep of the dog run at least, 9.5 lb toy poodle makes everyone smile when they see her even THEM! Thank you for the response.
My Audiologist has issued a letter “to whom it may concern”that establishes the fact that My African Grey parrot–17 yrs. old–is to be with me in our condo elsewhere when I’m alone as I’m hearing impaired- and the CAG responds to strange noises,fire alarms etc. and makes me aware-The condo has a no pets clause and checking with my audiologist the clause is not applicable to a medical need pet does this sound plausible–Richard
Hi Richard! Service animals are exempt from condo no pets rules. It definitely sounds plausible if you have the documentation to demonstrate your parrot helps you, which you seem to have from your audiologist.
Hello, I need advice on what I can do if I agree to a tenant at the begining of the lease that he is aloow to have 2 small dogs in the unit. Now the condominium administrator advised me the pet rule only allow 1 dog and 2 cats in the unit. and I should get the tenant to resolve the issue of having only 1 dog. The tenant lease has expired and on a month to month lease. What can I do?
C Dan, I would suggest that you either seek an exception from the condo board or advise the tenant in writing of the existing rules of the condominium and their requirement to comply. The original lease has rolled over on a monthly basis.