April 2022
When establishing pet restrictions for a condo community there are three sets of regulations to consider.
Declaration and Rules
Amending a declaration is the preferred way to establish pet restrictions. This requires support of at least 80 percent of owners. The easier approach is to revise rules since this doesn’t require a vote of owners. One limitation is that rules cannot be inconsistent with a declaration. Unless prohibited in the declaration, prohibiting pets in rules is unenforceable. Rules can impose restrictions such as weight or size, prohibition for certain exotic or nuisance pets, and requirements such as having pets carried or on a leash when in common areas.
Residential Tenancies Act
The Residential Tenancies Act prevents the prohibition of pets in a residential lease. Since this legislation does not supersede the Condo Act, pets can be prohibited if stated in the declaration of the corporation. Doing otherwise would grant tenants more rights than owners.
Ontario Human Rights Code
Individuals with a disability have the right to equal treatment with respect to occupancy without discrimination. Condominium corporations are obligated to accommodate residents with a disability recognized by the Code to the point of undue hardship meaning some level of health and safety risk to other residents or excessive cost. The corporation is entitled to request that residents provide a letter from a medical professional stating the animal is necessary to address individual disability-related needs.
