After the Alberta Floods

Order is slowly coming back to our condominiums.  Floods have affected condominiums across Alberta.  Many condominium insurance polices do not cover floods.  Buyers do need to be aware of the location of any unit they are considering to purchase.  There are pods within communities that escaped  with no water damage and others that where not so lucky.

Many trades, services and contractors are arriving in Alberta to assist with the recovery.  Even with this recovery will be slow.  Being patient is the best advice we can offer.  Property mangers, condo owners, friends, family and many strangers have worked around the clock to get the infrastructure of these building functioning.  The work is far from over. 

If you are buying a condo it is important to allow extra time to obtain the condo documents.  Be sure to acquire the most recent minutes and financial data as well as current disclosure details.  There will be many condos requiring cash and this could result in Special Assessments (cash calls) or fee increases.  Many owners and buyers will be concerned over the cost of remediation and the risk of mold.  Obtaining information on these topics will be slow in coming as the boards and managers are focused on mitigating the damage and organizing the clean-up and repair. 

Sellers, Boards and Property Managers can assist the sale of units by documenting the action plans and making them available to the buyers.  In Alberta it is not mandatory under the condominium legislation that the inspection reports be provided.  Ask anyhow,- if owners do want to sell, they need to disclose to the satisfaction of the buyers.  Mortgage lenders will also be interested in the remediation plans.

Condo -Check is committed to assisting buyers in obtaining the documentation that enable us to complete a competent review in this changing time.  We are keeping in touch with engineers, insurance and the lawyers in the condominium industry to bring you current and accurate updates when possible. 

If you have questions please post them on our website at www.condo-check.com ( Q & A on the home page).  I will respond as quickly as I can, respecting the high volume of questions we are experiencing at this time.

We are committed to providing competent and thorough condo document reviews in every corner of Alberta and across Canada (except Quebec unless the documents can be provided in English)

Wishing you a speedy recovery of your condo and thank those who gave so much heart and muscle to assisting in this time of need.  You are all Condo Heroes! 

Condo Owners – We need your help!

In October 2012 a major ruling occurred in the Alberta courts that has shaken the condo world.  The only resolution to this matter will require a massive outcry of condo owners who are willing to put in the time to lobby for extensive change to the Condominium Property Act, the Condominium Property Regulation, the New Home Buyers Protection Act and possibly the Real Estate Act.

Yes, I am hitting the panic button with all my might as there are hundreds, if not thousands, of condominium owners in Alberta who will be impacted by this ruling.  In speaking with competent condo lawyers, the people at Government Services Alberta, and fellow professionals in the condominium industry; it seems unanimous that the only solution to this ruling is to have a condominium that can afford a legal action, take this ruling to the court of appeal.  The consensus for advising clients who are impacted directly by this ruling is to suggest they continue to operate as they were until one of the owners files a legal action. 

The real solution is to amend the legislation.  These Acts are intended to provide consumer protection to condo owners, buyers and board members.  It is obvious, by the number of condominium consulting files we have at Condo-Check, that the system is broken, and therefore; is not providing any protection to any condominium group or individual owner who does not have the ability to hire expensive lawyers.  The irony is that the simple solution is for owners and boards to operate within reason, with a focus on what is best for the condominium as a community. But there is always someone who is a stickler for the law or someone who just will not agree to a compromise, and that is when the entire community goes to battle.  Bylaws have been trying to regulate common sense since the dinosaur age and every year the volume of pages required grows, because someone needs to challenge the rules, just on principle.  Maybe the real solution is for condominium owners and board members to be mandated to take training in how to be compassionate, kind, considerate, responsible and respectful of one another.  These seem to be greatly absent when it comes to the disputes and conflicts that arise between condo owners and condo boards.  Everyone can’t be right!

This ruling is a case where a bare land condominium has been operating for many years as if it were a full service condominium, where the condominium owners shared in the maintenance cost for the exteriors of the buildings and the capital items based on the description of the “Managed Property” in the bylaws.  Now, as the buildings have aged and there are increasing demands to repair and replace capital items, some owners feel they are paying a share that is greater than their neighbors.  The owners, on the advice of a lawyer, have taken the board to task as to the legal application of the wording in the condominium legislation and bylaws, as it applies to bare land unit ownership.  The court has ruled that the condo corporation does not have the right to collect or to spend reserve funds for the purpose of replacing capital items on components located within the units (in this case the buildings) and restricts the use of the reserve funds to the common property or real property.  In this case, as is true for many bare land condominiums, means that the road is the only area that the corporation can collectively manage and collect reserve funds for.  This means the owners have no choice but to pay a special assessment when capital items need to be replaced, as they cannot use the reserve funds that have accumulated over the past many years!  Add to all this, that the corporation cannot refund or pay back to any owners any of the reserve funds that had been collected for replacement of the capital items.  This means that if a condo has hundreds of thousands of dollars in the reserve account, they can only spend it on the “road” (using this example) and they cannot transfer the money to the operating fund or return it to the owners.  It is questionable whether the condo board has the authority to collect a fund to replace these capital items that are located within the unit boundary at all, as the bylaw wording restricts them to maintain and care for the managed property components and does not state replacement. No, I am not trying to be funny!  This is real life condominium dilemma; happening to many condominiums as we speak! 

Over the past few years, owners and boards for condominiums have been managing construction defects, rogue boards, lousy property management, aging properties and now this really damaging ruling.  When are owners going to stand up and say no more?  Historically the solution to bad condominium is to sell… my question is to whom?  The problem projects are out numbering the problem free projects. So buyers are taking a risk!  And for those who are buying, thinking it is not important to hire a competent document review company, thinking we are all alike so it really doesn’t matter; I have news… you are not exempt from these problems just because you were not aware of these problems when you bought.  This impacts the property values for ALL condominiums so why are so few owners concerned?

I don’t have easy answers or solutions.  I do know that much of this bad law is generated from people taking matters to court instead of seeking a compromise.  The courts need to follow the law and when the legislation that supports the law is proven defective; the answer is not to keep looking to the courts for remedy. Mediation is effective in solving many of the disputes that arise; however, too often the opposing parties won’t even compromise enough to agree to mediation. People want their day in court!!!

Maybe with this ruling, a group of bare land condos could get together and appeal… that is a question for the lawyers.  What I do know is that you all live in condominiums that are located in someone’s constituency and it is time to stop by and to pay them a visit.  Start lobbying your MLA’s, offer to support them in getting the attention of the Premier. The days of being a condo bystander are over.  We need to join collectively, in community and make change happen.

Bernie Winter, A.C.C.I., F.C.C.I. 

C.E.O. at Condo-Check

your condo, your investment

www.condo-check.com

http://ca.linkedin.com/pub/bernice-winter-alberta-condo-document-review/2/93b/99

Case reference: Maciejko V Condominium Plan No. 9821495, 2012 ABQB 607 

Lack of Bylaw Enforcement

Dear Betty

I live in a bare land condominium. It's a residential community with 55 lots. The reason for my email is that the board of directors appear to be ineffective in ensuring that the bylaws are adhered to. The comment we get when inquiring about obvious bylaw infractions and why nothing has been addressed is that they do not want to incur legal costs in order to make the unit holder adhere to the bylaws as that will only incur more condo fees for the residents down the road if they have to pay legal fees.

The board has eliminated pretty much all costs in an effort to reduce condo fees (we have may retirees and they want fees to go down rather than up). We currently pay a small monthly amount to the condominium.

We unfortunately missed the last General Meeting because we had not received the information package. At this meeting the board asked unit owners to do more in the community but now we wonder what we are paying condo fees for. We understand the reserve fund requirement, but we should be receiving general landscaping etc. For our fees, should we not?.

What are my rights as a unit holder to ensure that the board is in fact carrying out their duties and not taking a passive stance? Is there anything we can do to ensure that the bylaws are adhered to if the board won't?
Help!

Concerned Owner

Dear Concerned Owner
You have touched on a number of issues here. First, if the bylaws are worded correctly they will include a section on "Sanctions for Breach of Bylaws" It is this section that will give the board of directors the power to fine an owner, or tenant who is in breach of a bylaw. Some bylaws actually include fine amount or ranges for various infractions. In any case, even if your bylaws do not have such wording and the board fines someone for breach of the bylaws, that matter is dealt with in the Provincial Court, provided the fine is less than $25,000. In Provincial Court no lawyer is required. Most people represent themselves at Provincial Court. The filing charges are minimal, and there have been times where a court will require the offending owner to pay the Condominium Corporations filing costs.

Your board of directors may not be aware that this is an option. Also, in a condominium, when it becomes common practice to ignore bylaws, this becomes the precedent and when you really need your bylaws to deal with a serious matter, a court may view this a favoritism and not support the corporation in that matter. It is important that bylaws are enforced or amended to meet the need of the individual condominium.

With regards to your condominium fees. Without seeing your condominium plan, the bylaws and the operating information I can not give comment on your specific situation. I can however inform you that it is the bylaws in a bare land condominium that determine what the owners are responsible for and what the board of directors are responsible for.

In all condominium low fees means little or no services. The services provided are paid for by the owners, in accordance with the operating budget prepared by the board of directors, and provided to each owner, along with the notice of payment due.

It is a great investment to include in the operating budget of a condominium an amount for education. The Canadian Condominium Institute, South Alberta and North Alberta Chapters offer a series of seminars that are ideal for condominium boards. Each board should send a minimum of two directors each year, to keep current with the appropriate operations of a condominium.

Our suggestion to you is that you request, in writing, that the board enforce the bylaws until such time as they are amended, and also request a copy of the budget for common expenses.

It is important to make these request respectfully and to put a not- later- than date, in which you would like to receive the copy of the budget. Keep in mind that the board, by law, has 10 days to provide the document from when the request is made, in writing.

I hope these suggestions will help you get the answers you were looking for.

Cheers!
Betty's Condo Owners Club
for membership information visit
www.condo-check.com

Dining Rooms and Condominium Fees

Dear Betty,
I bought a condo 3 years ago with a dining room in an age 60 plus building. Am supposed to spend money every month in the dining room, which I did for a a good length of time. The food was awful. They have had several caterers since. Also, the meals were very small so I ordered two at a time. With my failing health I started having them delivered to my suite. They balked at that despite knowing that I have arthritis in my leg and am unable to walk sometimes for two or three days. I am on a special diet now and have not used the dining room for over a year. The Board Director are billing me for about $?/?@@ in back fees. I have ignored letters from the condo Board of Directors as I am living on small pension. I would never be able to pay this bill. I don't believe the law can make me pay for food I can't eat. What would be your advice? I cannot afford a lawyer and have no living family.

AP

Answer

Dear AP
Thank you for submitting your question. You are not the first to find themselves in this dilemma. Unfortunately there are a few issues here that need to be considered. In cases like these it is always best to hire legal council.

First, if you knew about the benefit of the dining room and agreed to this arrangement of having food prepared by the kitchen during the purchase of the condominium, then you are bound to pay the fees for the meals, despite your enjoying them. It is prudent that you inform the Board of Directors of your dissatisfaction with the portions and that you did not care for the food, but this does not mean you are exempt from keeping your agreement. It would be a good idea to look over the information you were provided when you purchased. If this relationship with the dining room is part of the commitment you made as an owner, then you are obligated to pay your share of the costs, as set by the Board of Directors. In a condominium in Alberta, and owner cannot withhold paying their contributions and a Board of Directors cannot withhold services. Ultimately, when and owner does not pay their share of the contributions in a timely manner, the Board of Directors has the authority to foreclose on the unit and collect the outstanding contributions.

I realize that this is not easy when you are living on a pension. This is why these issues need to be clearly understood when selecting if the condominium home is the right one for you. In this case I suggest you revisit the documents you received when you purchased your unit or ask the Board prove that they have the right to charge for the meals as a part of the condominium operation.

Once the proof that they have the right to charge for these meals has been obtained, I suggest you make payment arrangements to catch up your arrears and keep them current in the future. If you feel the charges are unreasonable, you have the option of filing a claim in Small Claims Court. Be sure to understand that if the Court rules in favour of the condominium you could end up paying their costs to defend the claim.

I hope this is helpful and suggest you seek legal council before withholding your contributions.

Sincerely,
Betty's Condo Owners Club

Restricting Tenants in Alberta Condominiums

Dear Betty,

We have had a few problems with tenants in the past months. If we want to go 100% owner occupied for our 31 unit building, this would require the 75% vote of unit factors to effect this change? We are considering a 1 year time frame to allow owners to sell, move back in, etc. As far as I can tell this is legal, and I think its a great selling feature as well, due to the general problems of tenants in condos. Any advice? Thank you. M L, President.

Dear ML

Thank you for sending us your question. Many condominium Board Members and Owners in Alberta think that they can restrict tenants from occupying the units by passing a Special Resolution of the Owners to amend the bylaws. In Alberta, it is quite the contrary as the Condominium Property Act prohibits the restriction of tenants in condominium bylaws. In fact the Condominium Property Act clearly states that bylaws are NOT to RESTRICT an owner from leasing their condominium unit. In support of the Owners, the Alberta Condominium Property Act gives power to the Board of Directors of a condominium, that specifically allows them to protect the owners investments when units are occupied by tenants. For example, if a unit is occupied by a tenant, the tenant is equally governed by the bylaws and therefore, if the bylaws provide for fining, the tenants and owners can be fined for breach of a bylaws, equally, or, should a tenant continue to breach the bylaws, after being notified of the breach and being provided time for a reasonable remedy, the corporation may order the owner of that unit to evict that tenant, under the protection of this ACT. (Check the Act and follow the conditions that apply).

The bottom line is that although our legislation does not allow the restriction of tenants, or the ability to limit the number of tenants, the legislation gives a lot of remedy to the board of directors of a condominium, that enables them to deal with a difficult or irresponsible tenant.

Our suggestion is to treat the tenants with respect, include them in the community activities, including inviting them to meetings (as non-voting guests), be sure in their welcome package you include a copy of the bylaws and a notice that informs them they are governed by these to the same extent as the unit owner. You will discover that many tenants have pride in their homes, just as the owners do. When tenants are treated like second class citizens, that is how they will behave.

Thank you,
Betty
Check out the services available to Betty's Owners Club Members on our web site www.condo-check.com . A copy of the Condominium Property Act of Alberta and the Regulations can be purchased at the Queens Printer. Follow the link on our website.

Late Condo Fees - What to Do?

Dear Betty
As treasurer of a Condominium Corporation I do the deposit of fees within the first couple of days of the new month. We consistently have a few people who are late payers, they are from days to months behind. I find this very frustrating when it comes to doing the books. These same people inform me that I am out of line asking for the fees to be available by the first day of the month (our condo bylaws state that fees are due the first of the month and that 12 postdated cheques are requested). I have also been asked to invoice for the condo fees. I feel is out of the question as for one thing I am a volunteer and I feel when someone buys a condominium unit they should know the obligation they have committed themselves to. Can we charge a penalty on these late fees? If they continue to go unpaid can we recover the late fees and penalties through the Estoppel certificate when these people sell their units? Do you have any other suggestions on how to deal with this problem? If I phone these people they are very nasty and say I am going over the top on this issue, in the meantime we are hundreds of dollars behind in fees.

Thank-you , Concerned Treasusrer and Board member.


Dear Concerned Board Member,

You are not the first to be experiencing the resistance of owners paying fees on time and the lack of respect for fellow owners when the need for the condominium fees to be paid in a timely manner is ignored. The bylaws for your condominium will state the process for unpaid fees and can include charging interest after the "specified number of days" are achieved, with the fees unpaid. Interest is to be charged in accordance with the bylaws and is not to exceed 18% annually.

Bylaws also may have a "Fining for Breach of Bylaws" provision which enables the Board of Directors to impose a monitory fine for not paying the fees withing the time period specified in the bylaws. (this action can only be implemented if the bylaws have this wording, in compliance with the Condominium Property Act of Alberta)

Should an owner choose to sell their unit and the fees are unpaid, yes, the Estoppel certificate would show that there are outstanding fees and interest charges. These outstanding amounts would then be required to be paid either by the seller of the unit or the new buyer, dependent on the working in the Purchase Contract. (all Purchase contracts should have a condition that the Seller pay any and all outstanding condominium fees, special assessments and interest charges).

The bylaws typically state a period in which, if the fees remain unpaid, the action that the Board of Directors is to take, is to register a Caveat for Unpaid Fees and Special Assessments, including Interest, against the Unit title. This period is typically 90 days. If the bylaws do not have such a clause, the Board of Directors can adopt a policy stating the period of time that will result in a Caveat being registered. Once the Board had decided to act on this bylaw or to adopt a policy it is important to send a notice to all owners informing them of this intent or policy. A notice should be sent to all late fee payers informing them of the policy and requesting that they pay the outstanding fees and that they keep them current. Be sure to establish a date that late fees are to be paid and clearly state the action(s) that will be taken should they continue to be late or remain unpaid.

Another action that can be taken is to inform the Mortgage company, found on the title to the unit, that this owner is in arrears on their condominium fees. Lender will often pay the arrears and deal with the owner.

Once a Caveat has been registered on the title you are required to send a notice to the owner(s) and the lender shown on that title, informing them of the registration and the reasons. Once the caveat is registered the Board of Directors can begin proceedings to Foreclose on that unit to collect the late fees owing.

If the unit is occupied by a tenant and not the owner, the Board may send a letter to the Tenant & the Owner directing the tenant to pay the rent to the Condominium Corporation until such time as all arrears are paid. Any surplus, after arrears are paid, is to be paid to the Owner.

Often owners in a condominium forget or don't really understand that when the fees are late or remain unpaid for any period of time, the result is a shortage in funds to operate and maintain the building and provide the services. The Board of Directors have many solution as there are many consequences when fees remain unpaid: (a few examples)

• when a building goes without repair, services, or has evidence in the minutes, that owners do not care enough about their investment to pay their share of the costs (the fee), when a buyer is examining the operations of the corporation (having a professional Condo-Check Document Review) completed, they may offer a lower price or not buy in this condominium project due to the stress of needing to manage short of funds due to this problem,
• no-one wants to volunteer to be on the Board of Directors as it is stessfull to be constantly chasing fellow owners for money,
• when there is a cash shortage the only option left for the Board of Directors is to call for a Special Assessment (a cash call) at which time the owners who do pay on time are now required to pay again to cover the shortfall which is due to other owner not paying their fees, and
• Professional mangers and trades and services will not provide services or offer preferred pricing to Corporations who are stressed financially.

I hope this brief response will give you the options and information required to get the attention of these late payers. If your bylaws do not allow your Board of Directors to charge for late fees or to fine owners for breach of bylaws please hire a condominium lawyer to have them updated.

Thank you for your question....Cheers!

Special Assessments and the Power of the Board

The answers and comments to this concern is in Red , embedded in the comments.

Hello,

I am a condo owner in downtown Calgary . I purchased my unit 5 years ago. Recently, our board decided to have our lobby repaired. Apparently, the floor tiles were falling apart, so they have all been removed and are being replaced. Also, there was a waterfall that leaked and so, not only was it dismantled, but a new one is being built because the board decided to do so. The owners are being charged $100,000 for these repairs; my share comes to $850. I was under the impression that any major changes in a condominium should be decided by a majority vote by the owners, and not by a few board members. Is this correct? The Board is responsible for making these decisions and is not required to bring these to the owners for a vote. If the owners do not agree with the decisions of the Board they should state so in writing and bring this to the attention of the other owners at the Annual General Meeting of the Owners. Elect those Board members who you are confident will make decisions that are in the best interest of all owners and the property as a whole.

This is not the first time we that we have been forced to pay "Special Assessments." Every year since 2001, there have been financial shortfalls and some major construction defect that needed repairs. The condo Developer, has not only refused to correct these defects, but they are suing the owners over petty issues. We have tried, with little success, to have the Developer take responsibility for their actions - or INactions. They seem to be "untouchable." I don't know why.

Every year, the burden falls upon the owners to deal with the building's deficiencies. My unit, for instance, has a patio door that blows open in the wind, a glass pane that rattles and flecks of dried paint on the patio door. Also, my entrance door (hallway) was never properly painted. If that wasn't enough, my living-room windows were leaking during the heavy rains, last summer.

I had some other deficiencies but they were corrected, only after much persistence on my part. Other owners have unit defects, as well.

Am I legally obliged to pay this $850 Special Assessment? It seems more like a ransom demand. How do I know the money is not going to be pocketed by individual board members / managers? How do we know that the lobby repairs are being done properly? I find it hard to trust anyone, vis-a-vis this building. If you are concerned over the handling of the money you can suggest that the board put a Fidelity Bond in place in an amount that will cover the amount in the Reserve Fund Account and the Operating Account. As an owner, you have the right to request information under Section 44 of the Condominium Property Act. You would be required to make the request in writing and the board would then be obligated to provide the documents to you within 10 days. You could ask for copies of the Board meeting minutes and the financial Statements showing the months the money was collected and spent. The Act also allows that a board may charge a reasonable fee for providing the documents.

I have paid for my condo in full, I have never missed a monthly condo fee and I have always paid the demanded Special Assessments. But enough is enough. Is there not some limitation as to how much condo owners must pay for the irresponsibility of the vendors / condo board? The Board has the responsibility of maintaining the buildings and with it the power to collect the money it requires to fulfill this responsibility. The board is to act reasonably and in the best interest of all owners and the property as a whole. You may find it benefitial to sit down and talk to the board members. Ask them why they have not pursued the Developer for recovery of deficiencies, ask when the maintenance and repairs will be completed and when the demand for money is expected to end. Assume the Board members are doing their best to get the building repaired in a timely manner and as reasonably as is possible. Expect them to answer your questions in a reasonable amount of time and to respect your frustrations. You may want to consider getting on the board as this would give you the ability to be involved in the decision making process. Remember, the board members are volunteer owners who are also responsible for paying their share of the assessment. Over the past 30 years I have not come across boards that charge these assessments without there being good cause as they impact them personally as well.

Your feedback would be greatly appreciated.

Thank you.

JS

Pet Policy

When we moved into this condo two years ago the bylaws stated that this was a pet friendly condo, with certain restrictions such as only 1 pet per unit and size of dog etc. Over the last two years there has been a determined effort among some of the owners to get rid of pets entirely. A pet committee was formed a couple of times in an effort to come up with a bylaw which would be fair to both pet owners and non-pet owners alike, without any success.

As pet owners we are willing to walk our dogs inside but we have a problem in that one of our buildings has only one elevator in the centre of two long wings and we have many elderly, single people for whom this is a problem and yet the Board will not allow them to use the stairwells at either end to exit the building unless the pet is carried. This seems like a very dangerous situation to us as it is difficult to go up and down stairs carrying a dog and holding on at the same time. We have asked for a Special meeting to try and iron this out once and for all and this has been called. Our two points in the resolution are that Owners should be allowed to sell their units to a pet owner and secondly that pet owners should be allowed to walk their dogs using the stairwells, safety being our No. 1 concern.

Our questions are:

Can the Condominium Board change the bylaws so that no pets will be allowed? If a vote were to be taken, pet owners, being in the minority,would be at a distinct disadvantage. We also feel this will affect resale value., and also don't believe they have the right to change the rules
when the building was designated "pet friendly" in the first place.

If the Condo Board insists that pets be carried down stairwells , will they be liable for damages in the case of a person falling while doing so?
.
FID

Thank you FID for your comments and question. These are common concerns brough forward by condominium owners.

First, I would like to address the Special meeting for the purpose of passing a Special Resolution on this matter. The pet bylaw is what you will need to amend by way of Special Resolution. A Special Resolution requires 75% of "all registered owners" and 75% of all the "unit factors" to vote in favor of the resolution. The change must then be registered against the condominium plan at the Land Titles Office, in order to be enforceable. The current bylaws often require a specific number of days allowance for owners to consider the Resolution before voting. Be sure to comply with this bylaws when proceeding to change or amend the clauses.

Your question regarding weather the board can or cannot change the bylaws to say NO PETS. The Board does not have the power to change , replace or amend bylaws without a Special Resolution of the Owners being properly passed. Once the 75% criteria has been met the Board then must proceed to register the change, replacement or amendment with the local Land Titles Office.

The argument for pets impacting property values has been going on for over 30 years and never has been proven to be a factor. There are always an abundance of people who love pets and those who do not. This is one of the toughest issues in condominium and for those condo's that are trying to find a happy medium in this matter it is often best to bring in a professional mediator who has experience in condominium matters.

With regards to the concern over carrying pets when on the common property (the stairwells in your complex). This is a typical bylaws in south Alberta. The idea behind this is that people do not or cannot carry big dogs. This bylaws is a polite way of regulating the size of dogs without getting into weight and height restriction criteria. With regard to your concern over liability if an owner is injured while carrying their pet; if this is a breach of the bylaws the condominium is not liable. In fact the condominium may have the power to fine the owner for being in breach of this bylaw.

The bottom line is that the bylaws of a condominium regulate the ability to have or not have pets within the property boundaries. The variances in the wording for pet bylaws is as vast as the number of condominiums that exist. I would suggest first identifying the concerns of those owners who do not want pets and then look at ways to solve these concerns. It is know that buildings with dogs have fewer break-ins and it is also know that for people with allergies dogs can create real health issues as their dander circulates in the air system. It is a two sided argument that bears no simple answer. Compromise is all that can resolve such a matter. Unfortunately if the majority are of the conviction that they prefer a no-pet condominium, then a property passed Special Resolution could result in a No Pet bylaw. Be sure that any amendment to the existing bylaws includes wording that clearly allows those with approved pets before the bylaw was amended to continue to keep their pet. It is important that qualified professionals are hired to assist in the amendment of bylaws process.

Wishing you success with this matter. Thank you for contacting Betty's Condo Owners Club.

Cheers!