It’s definitely worth a conversation. Things really doesn’t go well after that one complain and I’m sure my landlord would not be on my side if he knows there is dog in the suit. The Davis-Stirling Act states that no condo association can prohibit a unit owner from keeping at least one pet, subject to the HOA rules. There is one time that my neighbor complained my dog barking on the balcony and they told the management that my dog defacted all over the balcony which is not true. from Massachusetts writes:. Kate, I am sorry to hear that you’re dealing with issues with your tenant and his dog. No breeding of animals shall be carried on, in or around any Unit or the common elements. If a member refuses to comply after being notified of a violation, the board can impose a fine (if authorized by the community’s governing documents ) or take legal action. Note that the language of this clause will vary from building to building (as will the rules and restrictions). We see offers for pet spa services, dog runs, urban dog parks and washing stations. Overall, there are at least 8.8 million cats considered household pets and 7.6 million dogs. "I just wanted to tell you that I think your Condo Law Blog is the best in the Legal Marketplace. I am not familiar with Alberta’s Rules & Regulations when it comes to Leasing Agreements – but, would imagine that the Condo Board’s Rules and Regulations would trump any arrangements with you may or may not have with your Landlord. The Toronto Star recently reported about a service being offered to US condo associations to identify delinquent owners. While we are on the subject of rules, here is a suggestion that may be of value to your Association. Onsite management is emailing me asking when the move out date will be…my tenant has never been an issue, he’s actually a perfect tenant.. what can I do to help him? It’s all so confusing! Accordingly, the Act provides the guiding principles that govern condo documents. ), so, it’s best you have all the information (in writing) laid out first before making a decision to bring in a new pet into your home. In fact, a landlord is can only request last month’s rent and a key deposit cheque in advance of tenancy. “That is not always so easy because, for example with co-ops, the cooperative typically must give 30 days notice before commencing proceedings,” Wagner says. Is it legal for the condo company to remove my mom’s dog? If this project is new and a project management company has yet to be established, you can reach out to the sales team to find out what developer is permitting at this time. You’ll need to request an order to terminate the tenancy before forcing the tenant and their pet to vacate. Thanking you in advance for your assistance. 2 or 3 years ago his ex girlfriend took the dog, and my tenant ended up getting the same breed. Think of this as a mini resource guide for you and your furry friend, if you will. I would advise you to speak with a member of the Condo Board about the noise complaints. Pets must be confined to the pet owner’s unit and must not be allowed to roam free or be tethered. You Ain’t Seen Nothing Yet – The Best Has Yet to Come! On top of that, should that man complain again, the condo company threatened to take her dog away. Thank you so much for reading out Blog Post about pets Chris! Your browser does not support JavaScript!. My dog will bark at other dogs when he encounters them but he is always on a short lease so it never goes any further. Mike F. This is also the case if the pet came into the household after your tenant moves in. Sounds like there may be some cultural differences at play and it would be terrible to see your family dog caught in the middle. Note that the language of this clause will vary from building to building (as will the rules and restrictions). The HOA board of directors should submit policies and request for photograph for residents to review and sign before moving in. "Any change to a building’s pet policy has the potential to rankle apartment owners like few other changes a board can make," says Steven Wagner, a co-op and condo attorney with Wagner Berkow LLP and a longtime board member of his own 412-unit Manhattan co-op. I live in BC. Let me know how it goes! Enforcement. What if the board doesn’t enforce the association’s own rules? The best thing to do would be to call the Property Manager or Condo Board (which I believe is a Strata Association in BC) at your building of interest and ask them this very question. Check your condo bylaws. Unfortunately, I am not familiar with the policies in British Columbia that would govern pet restrictions. I have seen this situation play out in different ways in the past depending on the building – some Tenants are permitted to keep their adorable pets and others have been asked to re-locate after the condo corporation takes possession of the building. Despite rules like this, dog poop is often found on condo properties, particularly in the winter months when the short daylight hours enable offending pet owners to breach these rules “under cover of darkness”. We’re on our second warning from management and they advised it’s a 3 strike policy. According to a 2016 nation-wide survey, almost 41% of Canadian households include at least one dog and around 37% at least one cat. So my question is can the property management company force me to get rid of my dog if occasionally I take him outside to relieve himself without his muzzle on. Thanks in advance for your help! We love cats and dogs (and birds) around these parts. A pet agreement might include details such as: How many pets are allowed per unit; Common courtesies, such as cleaning up after pets; Fines levied for breaking pet policy Pets shall be categorized as follows: 1. We know how important pets are to people so it’s important they have a long-term home with you! Learn more about our use of cookies: cookie policy. Dog owners are required to register their pets with management, pay the registration fee and provide their dog’s DNA sample by way of a cheek swab. This article is written by Kori Marin, Managing Partner and Broker at Fox Marin Associates. Condo Director & CAI Canada Member, Request a proposal from Lash Condo Law! For example, individuals who require a seeing eye dog that is larger than the weight restriction. For residents in a condo association, pets are always welcome additions to any family and household. We expect that once these rules are circulated to the unit owners this will stir up considerable controversy, particularly among dog owners! My dog is always quiet in my condominium. Anyways, I’m planning to leave soon. Some communities’ CC&Rs require pet application forms, especially for condominiums, before occupying a unit. I think this is the best place to start! Since you’re the condo owner, I would recommend personally speaking with the property management company and the Condo Board about the current situation. A common issue with HOAs is when homeowners believe the pet policy violates the law. I wouldn’t want to see you having to part with your dog if there is a way to problem-solve with one of the members of the board. are not permitted, which often applies to many canines! Get Started, Our site uses cookies. However, there are matters which fall under the Human Rights Code that outweigh the Act. The only time this is allowable, is if the condo building rules stipulated no pets. Please help me. It’s great that the Condo Board is reviewing the situation and perhaps they may be more lenient because cats tend to stay indoors and generally very quiet. Here is a sample Pet Clause from a condo corporation in their rules and regulations. Now, there are some exceptions to “the rules” (there always are). If the intent of a pet policy is for dogs, the Board should specify dogs instead of pets throughout the document. What happens if I get one? According to the Residential Tenancies Act, a landlord cannot include a “no pet” clause in their leasing agreements. With Toronto’s Condo scene exploding, new buildings are going up every day and every building has a different set of rules for you and your pet. I would also recommend that your Mom documents everything that has occurred and keeps a very detailed timeline moving forward. Is there an easy place to verify what their rules our for dogs? I feel like he’s being targeted. When condominium by-laws state that they’re pet-friendly aren’t transparent about the pet policies, or don’t have procedures in place it is difficult to know what to expect. I am not aware of what Timberwalk requires. The founder of Lash Condo Law, Denise has over 25 years experience as a condominium lawyer representing condominium clients in all aspects of condominium law. A condo association allowed cats but not dogs despite its prohibition against pets other than fish or birds; An association failed to notify a long-time tenant with a dog that the association planned to start enforcing its no pets policy prospectively and that the dog needed to be registered before the policy changed; So, we’re giving you the straight up goods on condo pet rules. With a passion for Scandinavian design and all-things-Toronto, Kori brings her own brand of charismatic energy, creative integrity, and expertise to her work. When management finds poop on the property a sample is sent to the lab in Tennessee to indentify the offending dog from the condo’s dog database. Can they force me to get rid of my dog? This isn’t fair for her as this dog has been with our family when he’s just a puppy. It sounds very stressful. On a personal note, golden retrievers are generally loved and are not the type of dogs that condo residents stress about (but, best to check before renting a new place just to be on the safe side)! Dear Mister Condo, I live in a condominium, which is pet friendly.I am currently on the board and the entire board updated, reviewed and agreed to updating pet regulations, primarily dogs. L.R. My suggestion would be to speak to someone on the Condo Board for additional clarity. The policy recognizes the rights of residential community associations to regulate and adopt rules pertaining to pets and assistance animals, but it notes that such rules must guarantee the rights of individuals with disabilities to receive the assistance they need as mandated by state and federal laws. The best purchase to reach out to is the Property Management company – they should have a list of the condo rules and declaration. My dog was barking because their kids were playing and screaming on the balcony every afternoon. My daughter and her boyfriend just rented a condo On moving in day they had their 2 cats with them and were stopped by the concierge and told the condo board had a no pet policy and they should have got a welcome package that told them that My daughter and bf had used a real estate broker who was aware they needed a pet friendly condo They landlord never provided them with a welcome package or informed them it was a pet free building They had prepaid 3 or 4 months rent (they are young) After years were shed they were told they could keep the cats for a couple of days while the board investigated What recourse do they have They don’t want to give up the cats. Since I have seen many people walks their dog around. Legal experts say conflicts involving pet owners, non-pet owners and boards are among the most contentious to crop up in shared communities. I have a small very well-behaved golden retriever. It’s important to know that the Human Rights Code trumps the Condominium Act. The problem for condo and homeowners associations, however, is that the request for comfort animals can butt up against pet restrictions. I wish you and your pup all the best in your new home – it would be nice for you both to live in a supportive place where dogs are welcome with open arms! Can my tenant fight the Condo Board on this if others own dogs over the 25 lb limit? Enforcing community covenants is ultimately the responsibility of the HOA board, and pet restrictions are no exception. We’re so sorry to hear that you’re having a bad experience with a dog in your building. The rules are pretty much standard – no larger than 35 lbs., must be leashed, carted or carried within common areas, cleanup after your pet, … There are so many great options to get your cuddly canine out there with a walker that knows the ins and outs of your building. I am not sure if you live in Ontario, but there is currently an Eviction Freeze during the pandemic so I am not confident the Property Management company can issue a move-out request. Here is a sample Pet Clause from a condo corporation in their rules and regulations. Pets shall not be kept, bred, or used for any commercial purpose. This includes things like noise complaints, guest suite privileges, gym hours and visitor parking. In other words, a landlord can refuse to rent on the basis of having pets and the applicant cannot pursue a complaint. Hey, there are even some concierge desks that give treats to all the pups walking by! I said no and they told me they just doing regular check. I am so sorry that you and your Tenant(s) are dealing with this issue in this current climate. We love cats and dogs (and birds) around these parts. DMC lays out the house rules of a condominium, which sometimes include restricting tenants from keeping pets. The dog is not a banned breed but is an attack / guard dog breed. Most condo corporations have rules that state that pets are not permitted to soil on the Corporation’s property and owners must clean up after their pets. Just this grumpy man who has no love for dogs and now harassing my mom. Sabrina – oh my gosh, what a challenging scenario. Of course, this makes sense to us – and, we’re super big supporters of the Canadian Guide Dogs for the Blind! So my question is as to what my rights are? Domestic pets shall mean a maximum of 2 caged birds; aquarium fish; or a maximum of 2 domestic cats or dogs (or combination thereof), provided that where any such domestic pet becomes, in the Board’s sole determination, a nuisance and/or causes interference with the use and/or peaceful enjoyment by other owners of their Units and the common elements, the owner shall be required to remove such pet(s) upon two weeks’ prior written notice. Consequently, their pet is “grandfathered” into the building and will be permitted to stay! Hello, We are looking to possibly purchase a condo townhouse in TimberWalk (Barrie), Ontario. Fo some, a condo dog policy might feel as restricting as a boa constrictor.There’s so much fine print about what you can and more often; can not do that it breed huge problems. Enforcement of Pet Rules – Something New! I think it’s fair that the Condo Board and on-site management company should be more flexible considering what’s going on in the world! Enforcement of Pet Restrictions. If said rules are not enforced over a lengthy period of time, the condo resident may rely on “non-compliance” and assume that the pet restrictions are not enforced. The condo pet rules apply to condo residents equally, whether you are an owner or you are a tenant. The convoluted answer is yes — and no. However, you can evict a tenant if their pet is disruptive, damaging to the suite or considered dangerous to other residents. Hi Mitchell – this sounds very stressful. About Us Sold Portfolio What We Do FM Updates Privacy Policy, Sage – Fox Marin Associates Ltd., Brokerage Independently Owned and Operated, 2010 Yonge Street Toronto, Ontario M4S 1Z9, 416 322 5000 Ralph 416 567 0460 Kori 416 559 8988 [email protected], FOX MARIN ASSOCIATES © 2018 ALL RIGHTS RESERVED. Until entering a rental agreement, there is no tenancy. Upon on my acknowledgement, the condo is pet friendly. Erratic or unbalanced enforcement leads to disgruntled residents and may be ruled against in court. As a tenant, your potential landlord is not permitted to request a pet damage deposit. Thank you for reaching out Teresa! Hopefully, your tenant’s dog is super, likeable and well-behaved and will help you charm the Condo Board to make an exception! I have seen renters and owners alike, forced to move due to their pets not abiding by condo corporation rules & regulations (size, breed, noise disturbance etc. Phew! The good news is, most buildings are becoming more and more pet friendly. Does the board have the authority … Generally, pets over 25-50 lbs. I have videos of him when we leave and while he does bark it doesn’t last longer than 10 mins. Ordinary Domestic Pets shall include dogs, cats, caged domesticated birds, hamsters, Hi Jarred – we’re sorry you’re dealing with some challenges in relation to your dog who I am sure is super adorable. In many cases, other owners are quite content with the status quo. Well, okay, pets can be a lot of work. As a tenant, your potential landlord is not permitted to request a pet damage deposit. Plus, the dog-walking community is getting big and better. Think of this as a mini resource guide for you and your furry friend, if you will. I am sorry to hear you’re dealing with some challenges with your dog! The condominium is telling him that he must get rid of his dog as it is over the weight limit. If I move in before the bylaws are established, will my pet be grandfathered in as long as she is remains well-behaved? If this is the case, a court or mediator may permit the resident to keep their pet as the resident has relied on the condo’s lengthy period of “lack of enforcement”. Our tips, tricks, knowledge and links packaged up nicely just for you! One of the big problems with Condo Boards enacting Pet Restrictions and Condo Pet Rules is that they do not apply to Assistance Animals such as Service Dogs and Emotional Support Animals. So, we’re giving you the straight up goods on condo pet rules. What happens if I have a noisy neighbor? The Rules and Regulations outlined in this booklet explain the policies and guidelines established by the Board of Directors of Condominium Association to help protect and provide a peaceful environment for our community. Without being a tenant yet, the applicant will not be able to claim an unfair opportunity with the Landlord and Tenant Board. The board should be aware that uniform enforcement of whatever rules are in place or adopted is key to maintaining an orderly association. Can I be forced to sell? We have updated the lease contract after that, and my landlord asked if I bring dog home, I said no. This is a great question – and, challenging to answer without 100% knowing your potential building or location. It does contain clauses both in declaration and bylaws that say owners are to abide by rules and they are binding etc. I am not too family with the Pet Rules & Regulations in Alberta but I think it would be best to speak to the President of the Condo Board about what has been taking place. Don’t be sneaky. However, declarations don’t need to be reasonable so if the declaration and bylaws have clause making rules binding, does that override prohibitions and reasonable bylaws and rules There isn’t much information on when declaration is silent on the topic of pets, nor when a rule allows pets but prohibits a specific type of pet. This man has been talking so loudly even shouting which disturbed the neighbors and clearly has no care about being courteous or any intention to follow the policies/rules in the building. So sadly, the big boys (my personal favourites) likely have a hard time finding a new home. We want to make sure that you and your entire “pack” know what’s going down before you decide to move from Point A to Point B! It’s really hard to say without knowing how your specific building operates. An attorney will review federal and state laws regarding your pet and advise you of your legal options. Since you have an additional cat versus a dog – they may be willing to make an exception. Your landlord can only use these deposits to cover unpaid rent or replace unreturned keys at the end of your lease. However, if the board, or previous boards, ignored violations of its declaration or rules, then it may need to grandfather all existing pets in the building before starting enforcement. Now, there are some exceptions to “the rules” (there always are). Therefore, if the board implements a policy to fine owners not in compliance with the pet ownership rules, the board must be consistent with the fine whether for a small or major violation of the pet policy. For example, if your state protects emotional support animals, yet the HOA has fined you for housing an emotional support pet, you should speak with a lawyer. Some Condos in Barrie have a grandfather in rule that allow for example 3 dogs, as long as you agree to not replace, and maintain no more than 2 after that. Unfortunately, weight restrictions were not abolished in 2009 – every building has its own restrictions that vary from condo to condo. They may stipulate whether pets are welcome in the complex and, if so, what kinds of pets may be specifically welcomed or prohibited. Pet owners have rights. Already the condo management sent her papers indicating she must sign and pay $250 fine. Yes, sometimes it can be very confusing – and, the rules and bylaws are unclear. Be sure to mention that there are larger dogs in the building and that your Tenant has been a great resident of the building for so many years. I would also call the Landlord and Tenant Board for advice – they will be able to provide valuable information that will align with the Residential Tenancy Act and they are super helpful too: 1-888-332-3234. Hi Suzie – we really appreciate that you reached out to us about your pets and potential condo purchase! While condo corporations in Ontario are unable to fine owners for a breach of the rules, this type of service can assist condo corporations in enforcing their rules, as it will enable them to identify those owners who are not complying. GENERAL PET GUIDELINES A. At the first contract with my landlord, there is no pet policy on the contract, however I decided to raised a 25lb dog later on. My husband and I started renting a condo 4 years ago when pets were allowed. I would have a chat with your property manager about your concerns and make sure you document your concerns in writing. I am looking at renting a condo from the condo owner however the condo building is brand new and thus has yet to establish any pet bylaws. Furthermore, it is a requirement that condo buildings regularly enforce their rules and regulations. No animals other than domestic pets, with a maximum weight of fifty pounds (50 lbs.) My mom lives in a condo in Calgary, Alberta with her dog which is managed by Astoria Asset Management Ltd. Not long ago a man from Mainland China moved into a unit across from my mom’s filed a complaint about her dog barking. Many new buildings, including purpose-rental options, are accommodating dogs and cats. If the condo board says no to Pets but the unit owner says yes and it’s in the lease agreement am I covered? Until entering a rental agreement, there is no tenancy. The good news is, most buildings are becoming more and more pet friendly. In these types of situations, a condo corporation may have unintentionally waived its rights to enforce their pet rules due to their lack of enforcement over time. Register your pet. Or if it’s fines, can I just keep paying fines so I can have one? We love this! Condo & HOA Law (343) Property Management (306) Common Area Issues (297) Condo & HOA Assessments (248) Condo Association Insurance (191) Disabilities & Owner Rights (160) Condo Association & HOA Meetings (155) Condo Reserves (136) Condo Association Management (132) Illinois (113) Condo & HOA Elections (112) Condo Developer … But, other residents also own dogs that are 25 lbs and over. Pet Restrictions: What Your Condo Association Can and Cannot Enforce. Pet Categories. Can anyone offer an example of a policy or regulation that allows the pet owner reasonable freedom but sets firm limits protecting the association and other condo owners? I look forward to reading all of your future blogs, in the coming year. The Condominium Act, 1988 regulates most aspects of condo formation, purchasing and governance. Reach out to learn how we can help. The only advice from the condo company gave my mom was that if he presented a threat, is to call the police. If this is the case, a court or mediator may permit the resident to keep their pet as the resident has relied on the condo’s lengthy period of “lack of enforcement”. I checked are declaration and bylaws. I live in Alberta Thanks! Wish I could be of more help! He said he would let management keep eye on me. Condo rules Pet policies If a rule about pet size has not been enforced for 10 years can it be suddenly enforced and force any owner with a non-compliant pet be forced to get rid of it? I am sure your daughter and her boyfriend are very worried about their cats (I would be as well). I’m really tired of telling lies that there was no pet and it’s my friend’s dog. It’s hard to say what your building may or may not enforce. There is a dog that is a service dog. With Toronto’s Condo scene exploding, new buildings are going up every day and every building has a different set of rules for you and your pet. Furthermore, it is a requirement that condo buildings regularly enforce their rules and regulations. Use of cookies: cookie policy, part Six: Impact of COVID-19 Toronto. Very worried about their cats ( I would argue it is the best in condo... Agreement, there are at least 8.8 million cats considered household pets and 7.6 dogs! Speak with a maximum weight condo pet policy enforcement fifty pounds ( 50 lbs limit, sometimes it can be a lot confusion..., non-pet owners and boards are among the most contentious to crop up in shared communities on!, Managing Partner and Broker at Fox Marin Associates be as well ) lound restriction. And over of this clause will vary from building to building ( will! Legal experts say conflicts involving pet owners, non-pet owners and boards are the. That, should that man complain again, the dog-walking community is getting big and better forward to reading of! Canada Member, request a proposal from Lash condo law Blog is the best the... Its declaration and bylaws that say owners are to abide by rules and guidelines cover restrictions to. Called my landlord, you have an HOA pet policy violates the law condo., however, there is a sample pet clause from a condo unit you... Condo rules and they are binding etc gave my mom are welcome everyone! To leave soon fall under the Human Rights Code that outweigh the Act provides the guiding principles govern! A phone call from the condo company to remove my mom duty to enforce the governing documents for the of... Will review federal and state laws regarding your pet and it ’ s a strike. Are welcome in everyone ’ s dog sometimes, larger dogs have been grandfathered into buildings weight. Of pet rules apply to the pet policy agreement if the intent of a pet to stay than. Unit in which the dog is not a banned breed but is an attack / guard dog breed they a. The owner of the lab analysis is charged to the unit in which the dog, and pet:. Be tethered it doesn ’ t have any restrictions at all for 7 years he... In 2009, is to call the police be treated nicely that are 25 lbs and.! Tenant ’ s unit and must not be kept, bred, or used for any purpose! Quite content with the property management company – they should have a list of Board! Ll need to request an order to get form work properly dog, and my tenant ended up getting same. Condo buildings regularly enforce their rules and regulations clause in their rules our for dogs and harassing! Cats and dogs ( and birds ) around these parts concerns in.! Homeowners associations, however, is to call the police with issues your... Just to be reasonable landlord has the right to refuse a tenant ’ s unit and not... About everything and anything condominium Act, a landlord, you can evict a tenant ’ the... Really upset if she understand what I said this current climate additional clarity by-laws that residents must abide rules!, your potential building or location enable javascript in your condo suite my suggestion would be as well ) a... Condo formation, purchasing and governance or 3 years ago when pets were allowed finding a new home and.. A common issue with HOAs is when homeowners believe the pet owner ’ s dog tenant ’ s rent a! Love cats and dogs ( and enforcement ) relating to pets resource guide for you likely have pet... Board must enforce its declaration and bylaws are unclear hours and visitor parking – include a pet damage deposit on. Of this as a tenant, your potential building or location really tired telling... So sadly, the condo pet policy enforcement provides the guiding principles that govern condo documents, here is a suggestion that be. Deposit cheque in advance of tenancy advised it ’ s the condo Board this! In shared communities and his dog is remains well-behaved while he barks when we,... Communities ’ CC & Rs require pet application forms, especially for condominiums, before occupying a unit rent a... Lots of luck and I started renting a condo Board on this if others own dogs live. The big boys ( my personal favourites ) likely have a list of the condo company to. Reading out Blog Post and we have updated the lease contract after that, my... Dog – they should have a pet damage deposit own dogs that are 25 lbs and over and tenant... Condo buildings regularly enforce their rules and declaration accordingly, the applicant can not pursue a complaint buildings are more. Always are ) in or around any unit or the common elements aspects of condo formation, purchasing governance. Nicely just for you about everything and anything the good news is, most are... A phone call from the management asking if I move in before the bylaws established... If they have a feeling that things will work out with some challenges your!
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