February 2017
A condo rule prohibiting dogs from a building is considered unreasonable and unenforceable. Yet there are exceptions to this understanding. One such exception is a situation in Brampton described on Condo Madness.
A condo declaration can prohibit all dogs in a condo building. This would include dogs residing in suites and those visiting. Restrictions on the number of pets in a suite or the size of a pet are allowable.
Pet restrictions are subject to human rights considerations. False claims that a dog is a service animal are not looked on favourably by the courts.
In one instance the owner was ordered to pay $45,000 to the condo corporation for their legal costs.
Tenants in a condo building may feel they are not required to comply with a “no dogs” restriction because their tenancy is governed by the Residential Tenancies Act. Section 14 states that “prohibiting the presence of animals in or about the residential complex is void”. The Condo Act clarifies this by stating that tenants are bound by provisions in the condo corporation’s governing documents.
