December 2021
Our community has a policy allowing pets in the courtyard and on the roof. Recently a notice was sent stating pets are no longer allowed in these areas because owners were not cleaning up after them. No bags or scoops are provided in these areas. Fines will be imposed on those who fail to comply.
Is it reasonable to implement these changes? Can they legally fine us?
K.S.
Response from Toronto Condo News
High-rise residents have a love-hate relationship with pets. Some love them. Others hate the noise, smell, damage, mess and lack of care by some residents.
The ideal solution is for all pet owners to take proper care so non-pet owners are not inconvenienced or threatened. Since this rarely occurs, communities institute a range of rules and enforcement systems.
Pets are allowed in a condominium community unless prohibited in the declaration or a by-law. Rules identify restrictions on type of pet, their conduct and other considerations which may include registration and fees equally applied to all pet owners.
It appears that your board is tired of owners failing to properly care for their pets and seeks to implement a permanent solution.
No community is required to provide pet facilities. While a board cannot assess fines for infractions, they can assess pet fees, require registration, utilize pet DNA services to identify pet owners allowing their pet to defecate, and charging them for this service. Some communities will use pet fees to pay for area cleanup, plastic bags and disposal.
Changes to rules can be opposed or discussed by owners. If dissatisfied with the approach taken by your board, the solution is to elect like-minded individuals as directors. In this way the board represents the interests of the majority.
