I moved and gave the dog to my daughter who does not live with me. The condo I live in does not allow pets. He's a small boston terrier. My wife is handicapped and missed the dog and the dog missed her. I tried to get the dog approved to stay with me but was turned down. Anybody know anything about the rights of the handicapped? The dog is really a good dog trained and lovable
Dog in a condo
- Thread starter oldstud47
- Start date
You need to read the declaration and rules of the condo, obviously it's too late now, should have been read in the status certificate when you bought the condo.
Sometimes it provides for pets in a condo for this type of situations, but it has to be in the condo declaration and rules, if it clearly states no pets whatsoever, you're out of luck. It's been held up in the supreme court before whereby this rule of no pets is valid if it's clearly stated in the docs.
Where was your lawyer on this? He should have noted this when reviewing the status certificate upon purchase.
Sorry to hear about this. The rule can be changed to allow pets under these situations but it requires the approval of 50% plus one of the owners, it ain't that easy if it's a big condo, a lot easier if there are less than say 100 units in the condominium.
Sometimes it provides for pets in a condo for this type of situations, but it has to be in the condo declaration and rules, if it clearly states no pets whatsoever, you're out of luck. It's been held up in the supreme court before whereby this rule of no pets is valid if it's clearly stated in the docs.
Where was your lawyer on this? He should have noted this when reviewing the status certificate upon purchase.
Sorry to hear about this. The rule can be changed to allow pets under these situations but it requires the approval of 50% plus one of the owners, it ain't that easy if it's a big condo, a lot easier if there are less than say 100 units in the condominium.
That sucks. I personally wouldn't move to a place where a loved pet could not come with me. But everybody's circumstances are different. If it were rental I'd say bring him in and let the landlord make you get rid of him. There are probably five hundred things you could do that are not restricted but more troublesome than having a well-behaved pet.
Thanks so far thats what I think I am going to do bring him in and let them tell me to get rid of him
This is not entirely true. In Ontario, the Condominium Act requires that rules be reasonable, and the courts have ruled that a blanket prohibition on pets is not reasonable. A condo may have a rule limiting the number or size of pets, but cannot outright prohibit them.
However, if the prohibition is found in the declaration, there is no reasonableness requirement there and you are SOL.
If he's a small dog, and quiet, I would just bring him in.
Fuck it. I betcha there are lots of pets in there already.
Just take him out for walks in a shopping bag.
Best of luck to you. (I hate pet descrimination.)
Fuck it. I betcha there are lots of pets in there already.
Just take him out for walks in a shopping bag.
Best of luck to you. (I hate pet descrimination.)
We are dealing with two very different things here -- leases and condominiums.
The situation with condos is as I described: the Board can set rules that must be reasonable, and a blanket prohibition on pets is not reasonable. However, a prohibition on pets in the declaration is indeed enforceable. Due to the threshold required to make changes to the declaration, it is rare to find such a provision.
With a lease, the Residential Tenancies Act does not allow a landlord to prohibit pets, and specifically nullifies any lease provisions to that effect. The catch is if you rent a condo, you are required to observe the declaration, by-laws and rules, including any limitations on pets.
I'm quite familiar with the condo act in Ontario and you are correct in stating that the rules have to be reasonable. However, if the no pet rule already existed and was also included in the declaration prior to purchase, the purchaser had ample information when reviewing the status certificate to note that there are no pets allowed. In that case the courts will rule in support of the condominium.
However, if a condominium changes the rules from allowing pets to no pets, then you are correct, that is unreasonable and cannot out right prohibit them if the pets already existing in the condominium, but the condo can limit the weight, size or number of pets in each unit, again still have to grandfather existing pets if the weight, size, etc. is exceeded. Unfortunately that is not the case in the Oldstud's situation, the purchaser should have known prior to moving in as the rule already existed and the courts have upheld the rule in these situations.
I am a director on several condominiums for many years and work very closely with the top legal firms specializing in condo law and have gone through this situation many times, among other issues involving condominiums.
If it's in a condo, the condo board can insist you remove the dog, even if it's quiet, and again if it's clearly stated in the declaration. if the owner does not remove the dog, then it becomes a legal matter and will be costly. It's usually some owners that complain to the property manager that someone is contravening the rules and they want it corrected.
If it is in the declaration, it should be fine. If it only exists as a rule, it must be reasonable, and the courts have ruled that a rule including a blanket prohibition on pets is not reasonable. Whether the rule was in place at the time of a purchase or added subsequently is irrelevant -- a blanket rule prohibiting all pets is not reasonable, and as such cannot be enforced.
This was recently covered in one of Gerry Hyman's columns, and has regularly been covered there:
http://www.yourhome.ca/homes/column...ise-allowed-to-limit-number-of-dogs-in-a-unit
I realize Condos have to be able to set rules, and I'm all for rules that enforce responsible pet ownership, but a ban is wrong. I found this to be a good explanation of the situation in Ontario.
The building I'm in has an even dumber rule. No pets over 30 pounds. I've seen a couple of small dogs lose it for one reason and shit or barf in the elevators or hallways...how are they any less likely to cause a problem than a big dog?
The building I'm in has an even dumber rule. No pets over 30 pounds. I've seen a couple of small dogs lose it for one reason and shit or barf in the elevators or hallways...how are they any less likely to cause a problem than a big dog?
I'm aware of Gerry Hyman's recent article as I read his column weekly, but I'm also aware that it is his opinion based on a judge's determination back in 2005. Gerry also wrote an article back on April 14, 2007 stating that it is possible that a court in the future will uphold a no-dog rule based upon a Court of Appeal decision in 2003.
http://www.yourhome.ca/homes/newsfe...cle/201627--ban-on-pets-deemed-not-reasonable
Regardless, if an owner wishes to challenge this rule, it may be a costly and time consuming endeavour with no guarantee of victory as lawyers are mixed on this point.
A more interesting point is will the condominium board allow a dog that is necessary for the health and welfare of the owner in a building with a no pet rule. I'm not sure how a mediator or arbitrator will view this. If in favour of the owner, this route might be a much less costly and quicker way to resolve this issue without going to court.
You gave it away because you knew they were not allowed, now you want them to make an exception for you. 
Hey bud,
Good luck in getting that dog back for your wife. Im sorry to hear about that .. Hopefully they will allow something special for her .
Good luck in getting that dog back for your wife. Im sorry to hear about that .. Hopefully they will allow something special for her .
I just got a few posts into this debate.
Is this 'condo' a regular condo where you buy your unit or the type of condo where it turns out to be just a fancy apartment ?
If I am buying, my dog is coming with. Fuck you and your rules.
If it is a rental, then I am on side with the rule.
Is this 'condo' a regular condo where you buy your unit or the type of condo where it turns out to be just a fancy apartment ?
If I am buying, my dog is coming with. Fuck you and your rules.
If it is a rental, then I am on side with the rule.
