April 2020
Condo boards at two CityPlace high-rise buildings passed a rule in 2016 prohibiting pets except for those grandfathered at the time. It wasn’t until August 2019, after a reminder notice about this rule and a requirement that unregistered pets be removed, that problems arose.
The rule was instituted in response to complaints about dogs urinating and defecating on common areas, running off leash and growling at people.
One resident started a petition. Sufficient owner support for the petition could have required the corporation to revisit the issue, at considerable time and cost, to do what should have been done in 2016.
Condominium corporations have authority to establish and enforce reasonable rules to promote the safety, security or welfare of owners. They can do so to prevent unreasonable interference with use and enjoyment of common elements, units or assets of the corporation, or to protect property. Within rules there can be pet restrictions. A comprehensive ban is an improper use of rules.
A prohibition on pets in rules is invalid and subject to challenge by owners. In order for a corporation to prohibit pets it should amend the condominium’s declaration which requires consent of 80 percent of unit owners. The challenge of obtaining this level of support may have been the impetus for taking the less costly and faster route of implementing a rule.
Similar prohibitions on short-term rentals and use of marijuana in rules are expected to cause comparable disputes.
