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?
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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!