Wednesday, July 26, 2006

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!

13 Comments:

At October 6, 2007 at 6:48 PM, Blogger lorrie said...

i moved into this building six months ago signing a lease that said no dogs, i was given a puppy, and as most of the other tenants have a dog or cat i didn't fore see any problems, my landlord, has now threatened to evict me, but i was wondering do they have the same laws under the human rights act that say you are entitled to have a pet, and cannot be evicted for it, or is that just in ontario: i have called the tenant review board, etc. countless times and have as yet not recieved a call back. i have sent my puppy home to ontario, but am missing her so much, she will not get to be bigger then ten pounds and is non shedding and does not bark much. let me know if you can help me with this . Lorrie

 
At September 22, 2008 at 2:03 PM, Blogger ashleycatherine5 said...

I just recently moved into a condo that was "pet friendly" (the reason why we signed the lease and decided to pay for the hefty rent each month). Just today, as I was taking my pup for her first morning walk, some guy from the "condo board" started telling me that this building is now a NO PET building. My landlord HAS NOT contacted me about this (although I am trying to get a hold of her) and kept telling me over and over we don't need to worry about our puppy. If this is true, how long do we have until we have to move? Can we compromise with the Condo Board? We only signed a 6-month lease...thanks, Ashley.

 
At August 25, 2010 at 8:31 PM, Blogger Stephanie said...

This comment has been removed by the author.

 
At November 20, 2010 at 5:10 PM, Blogger Unknown said...

I have owned my condo for 6 six years and have had two small dogs living with me there for 5 years. I moved out and now am renting to a person with a 1year old Black Lab. The condo board in wanting to remove the dog because of the size which is over the stated bylaw. I feel that even though the size is large the breed is harmless. Also the condo board is complaining about the dog being neglected and left alone outside and barks. My renter tells he only lets the dog in and out when to do his business and tries to keep him from barking, the condo next to that has a little yappy dog which makes the lab bark. Now the condo board is using the size restriction to have the dog removed. I will being attending the condo meeting as a visitor this Tuesday November 22. 2010. What can I do to plead my case to let the dog stay???

 
At February 16, 2011 at 12:08 AM, Blogger admin said...

yes some condo minium properties dont accepts pets ... i think it will only depends on what kind of a pet...

Condominium makati

 
At August 25, 2011 at 12:30 PM, Blogger Unknown said...

Hmm, how is this issue now? I am a pet owner myself and I want my pets inside my condo. But other occupants disapprove of this. But looking at the other side, they are looking at the bigger picture where our pets could disturb other unit owners. I'm hope this issue is already settled.

Colby Moore

 
At May 13, 2014 at 4:27 PM, Blogger Unknown said...

Love pets. Dislike pet owners. Because pet owners tend to let their pets spoil landscaping and bark we have in our bylaws, no pets. But we were fortunate to have this in our bylaws officially. We save quite of anguish.

If you are wanting to change a bylaw so pets are considered you have to demonstrate that you can keep the animal quiet and off common areas. That is the trick.

 
At May 13, 2014 at 4:27 PM, Blogger Unknown said...

Love pets. Dislike pet owners. Because pet owners tend to let their pets spoil landscaping and bark we have in our bylaws, no pets. But we were fortunate to have this in our bylaws officially. We save quite of anguish.

If you are wanting to change a bylaw so pets are considered you have to demonstrate that you can keep the animal quiet and off common areas. That is the trick.

 
At October 8, 2014 at 9:10 PM, Blogger girlie said...

I live in a Town house complex in Calgary, on old lady in the Condo Board is causing a lot of problems. Especially to immigrants. She is a racist and gives me a very hard time. A section of the grass around my TH has been brown for the past 12 years since I moved in. Requesting the Condo Board and management company to address it was of no avail. Also I requested that I can put flower pots to cover the brown area or flower beds were of no avail. This year I Grass seeded the area with my own resources and it was one of the BEST lawns in this complex. This lady could not take it. I guess she initialized the damage that the grass cutter did to this area because all my efforts were undone with one stroke of bad grass cutting. However, on Sunday Oct 05, 2014 I sent her an E-mail requesting that the grass cutters refrain from cutting the grass, to my utter dismay and surprise she replies with all the bylaw stuff. In fact the Management Company did not work on any of the green area; just cut the grass the sprinklers did was not even put ON. I watered the grass with my own water and this is the outcome. To add matters worse this lady has sent me a letter through a lawyer to refrain from working on the grass and refrain from sending any E-mails or contacting the Condominium management company. I need some advice as I am a retired sick lady of 71 years and can’t afford a lawyer. Also I feel that this is a discremination issue as I am of minority origin and not OF WHITE ORGIN.

 
At October 9, 2014 at 2:09 PM, Blogger girlie said...

I live in a Town house complex in Calgary, on old lady in the Condo Board is causing a lot of problems. Especially to immigrants. She is a racist and gives me a very hard time. A section of the grass around my TH has been brown for the past 12 years since I moved in. Requesting the Condo Board and management company to address it was of no avail. Also I requested that I can put flower pots to cover the brown area or flower beds were of no avail. This year I Grass seeded the area with my own resources and it was one of the BEST lawns in this complex. This lady could not take it. I guess she initialized the damage that the grass cutter did to this area because all my efforts were undone with one stroke of bad grass cutting. However, on Sunday Oct 05, 2014 I sent her an E-mail requesting that the grass cutters refrain from cutting the grass, to my utter dismay and surprise she replies with all the bylaw stuff. In fact the Management Company did not work on any of the green area; just cut the grass the sprinklers did was not even put ON. I watered the grass with my own water and this is the outcome. To add matters worse this lady has sent me a letter through a lawyer to refrain from working on the grass and refrain from sending any E-mails or contacting the Condominium management company. I need some advice as I am a retired sick lady of 71 years and can’t afford a lawyer. Also I feel that this is a discremination issue as I am of minority origin and not OF WHITE ORGIN

 
At January 9, 2015 at 1:23 AM, Blogger Unknown said...

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At February 1, 2015 at 11:35 PM, Blogger Unknown said...

fantastic work, i really appreciate your work. Nice way of working you are doing. Lost and found

 
At January 1, 2016 at 12:31 PM, Blogger Coco said...

Hello. I would like to ask your suggestion about NO PET policy in Condo. I purchased a property about 2 years ago. I requested if the condo allow pet or not, and I got the answer after I signed the paper to purchase. Some residents have cat but they were approved before the no pet policy is established. Most of the owners at the time established of the no pet policy have been moved out. And new owners have requested for pets individually but all of them denied. I would like to request my condo board for one 100% indoor cat in my property. I am responsible individual who is single living and offer to pay the monthly "PET" fee for my special request.
To success my request, what I shall do?
I love current home and don't want to move because only I cannot have a cat at here.

I am looking for hearing from you.
Thank you very much.

 

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