November 2016
One condo owner ignored their condo corporation’s no pets rule and has been ordered to pay $47,000.
A woman moved into a condo suite with a dog that weighed over 25 lbs. She was aware the condo building has a 25 lb weight limit on pets and did not seek permission for the pet.
After first claiming the dog was needed for her work with autistic children, letters were subsequently provided claiming the dog was necessary for “emotional needs”. Appropriately, the condominium requested evidence of a disability and permission to speak with the doctor which were denied.
The condo corporation denied the request for an exemption to the rules and the woman refused to remove the dog. The condo corporation went to court to have the dog removed. The judge ruled that there was no evidence of a mental disability and that the dog had to be removed.
The condo corporation was awarded costs of $47,000. The judge agreed that owners in the building were blameless in the matter and should not have to pay the cost of pursing a legal proceeding to enforce a breach of condominium rules against the owner.
