Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#326
Anna ()
Are Pets Allowed? 2007/07/19 22:16  
I have a small kitten in my unit. The property manager has learned about it and is saying that I'm not allowed to have a pet. But the cat will never go outside of my unit, he will never bother anybody. Are the rules really so strict about cats?
Anna
  The administrator has disabled public write access.
#330
wotan ()
User Offline
Re:Are Pets Allowed? 2007/07/19 23:59  
The restriction on pets would have to be in the Declaration, By-laws, or Rules of the Condominium. Check them out. However, while a clause not allowing dogs would seem reasonable (and By-laws have been introduced in several condominiums) because dogs must be walked and can create messy lawns. However, I do not see a restriction on all cats (perhaps limiting the number of cats, but an an all out ban) as being reasonable as they do rarely leave the unit and tend to be quite (and in cages when leaving or entering a unit.)
  The administrator has disabled public write access.
#331
Anna ()
Re:Are Pets Allowed? 2007/07/20 00:03  
Thank you Wotan. I'll try to talk to the manager again.
  The administrator has disabled public write access.
#332
doubleu ()
Re:Are Pets Allowed? 2007/07/20 00:35  
Lawyer Gerry Hyman in the Toronto Star answered a similar question about a rule prohibiting dogs, like this:

[i]I am of the opinion that the rule is not enforceable. There is a long-standing judicial determination that absolute pet prohibitions against dogs are unreasonable and are only valid if contained in the declaration.

A judge in 2005 reiterated that a condominium cannot make rules banning pets. Nonetheless, it is possible that a court in the future will uphold a no-dog rule based upon a Court of Appeal decision in 2003. It held that a court should not override a rule unless it is clearly unreasonable or contrary to the legislative scheme.
  The administrator has disabled public write access.
#333
wotan ()
User Offline
Re:Are Pets Allowed? 2007/07/20 00:55  
I am in one of two condos that I know of which has a "No Dog By-law." In both cases, the By-law has a clause "grandfathering" existing dogs. So far no one has challenged it and I am in total favour of the By-law in our condo. I do not want dogs in the building as small one tend to be very vocal and I am terrified of aggressive dogs like Rottweilers and Dobermans.
  The administrator has disabled public write access.
#334
Yvon ()
User Offline
Re:Are Pets Allowed? 2007/07/20 03:32  
Hello Anna,

The following 2005 Decision by Ontario's Superior Court of Justice should address your concerns and set straight your property manager. Enjoy your kitten Anna!

Audrey Loeb is considered an "expert" in the area of condominium law. The following is a quote from her book, "The Condominium Act: A User's Mannual" 2nd Edition.

Section 58(1) does not authorize a condominium corporation to make a blanket rule banning all pets. Only if pets compromise the safety, security or welfare of the unit owners and of the property and assets of the condominium corporation (s. 58(1)(a)) or if they constitute an unreasonable interference with the use and enjoyment of the common elements, the units or the assets of the condominium corporation (s. 58(1)(b)) may the board of directors ban or prohibit their presence. The presence of all pets does not inherently constitute a breach of those clauses. If any part of a declaration conflicts with s.58(1) it is void and unenforceable. Where a declaration contains "conditions or restrictions with respect to the occupation and use of the units and common elements" (s. 7(4)(b)), a condominium corporation cannot go beyond that which is permitted in s. 58(1):
215 Glenridge Ave. Ltd. Partnership v. Waddington, 29 R.P.R. (4th) 218, 2005 CarswellOnt 688 Superior Court of Justice.
  The administrator has disabled public write access.
#336
Anna ()
Re:Are Pets Allowed? 2007/07/20 05:20  
Yvon - this is really a great help! Thank you so MUCH. How do you find time to find all these details? WOW!!!
Anna
  The administrator has disabled public write access.
#341
Yvon ()
User Offline
Re:Are Pets Allowed? 2007/07/20 06:29  
Anna, you are most welcome! Although it may appear that I know alot and I'd like to think I do (LOL), there are more people here at CAFCOR which have knowledge, experience and are engaged in constant research in various condominium fields and who contribute to my responses. As well, CAFCOR has access to "professionals" who share our concerns for condominium unit Owner rights and who are most willing to contribute behind the scenes. The credit therefore, belongs to CAFCOR. We can be reached in confidence at:

info@cafcor.org
  The administrator has disabled public write access.
#348
JManon ()
Re:Are Pets Allowed? 2007/07/20 16:55  
Long story short,One of our unit owner end it up paying $18,000 to the lawyer and the property manager because his tenant had a dog.If you have useless board members and a crooked manager,be carefull.
  The administrator has disabled public write access.
#594
Re:Are Pets Allowed? 2007/08/05 16:14  
Yvon cited:


215 Glenridge Ave. Ltd. Partnership v. Waddington, 29 R.P.R. (4th) 218, 2005 CarswellOnt 688 Superior Court of Justice.

...which supports allowing pets in condos.

However in Waterloo North Condominium Corp. no. 186 v. Weidner, 2003 CanLII 44549 (ON S.C.)

the bottom line, or close to it, is:

In this I must agree with Salhany J. in Donner: “We are dealing with a Declaration. Surely those purchasers of a unit who understood they were buying into a ‘no pet’ building are entitled to have that understanding protected”.

Which proves, if nothing else, that the matter remains unclear.

BTW, I live in a "no dogs" condo, which provision I do support as, unfortunately, the number of irresponsible dog owners in the past greatly outnumbered the responsible ones and, given the ponderous nature of the court system, one might have to live with an "all night yapper" for years before winning a case
  The administrator has disabled public write access.
#599
Re:Are Pets Allowed? 2007/08/05 16:50  
JManon wrote:
Long story short,One of our unit owner end it up paying $18,000 to the lawyer and the property manager because his tenant had a dog.If you have useless board members and a crooked manager,be carefull.

Hello JManon,

Can you elaborate on this?

While it is clear that recent case law does not support a restrictive policy on pets, that does present some problems.

In particular, I've seen cases where dogs really are a nuisance, barking day and night and doing their business anywhere and everywhere on the common element.

It is very, very difficult to enforce the rules & regulations in such cases. And it can be expensive.
  The administrator has disabled public write access.
#604
wotan ()
User Offline
Re:Are Pets Allowed? 2007/08/05 19:57  
I also live in a "no dog" condo. The dog policy is a By-law. The reason why I (and most of the owners) support the By-law is/was because of the few irresponsible owners that never picked up after their dogs or let them ruin the lawn. All those brown spots looked disgusting (and nver mind when you stepped in other things.)
  The administrator has disabled public write access.
#612
Vince ()
Re:Are Pets Allowed? 2007/08/06 15:18  
I'm with wotan on this one.
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster