Can a Condo Association Say ‘No’ to Pets?

When living in a condo, pet policies can often be a contentious issue. Even animal lovers don’t want to deal with the noise, odors, and potential property damage of a pet they don’t own. With thousands of Ontario residents living in condos, it’s not uncommon to hear the question, can a condo association in Ontario say ‘no’ to pets? 

The answer to this question is not a simple yes or no question. Whether or not a pet is allowed in a condo depends on several factors, including the condo’s governing documents, the type of pet being considered, if the pet is creating issues, and more.

In today’s article we will discuss the role a condo board plays in establishing and enforcing pet policies, the legal framework that governs these policies, and what residents need to know to navigate pet ownership in a condo community. 

 

First, Understand Condo Governing Documents

Condo living involves more than just owning or renting a unit; it includes complying with the condominium’s governing documents which set the foundation for how a condo corporation operates, the rules that are in place, and more. 

Examples of these documents include:

• Declaration: The foundational document outlining the structure and rules of the condo.
• Bylaws: Detailed guidelines on the operation of the condo corporation.
• Rules: Day-to-day regulations covering aspects like pet ownership, noise, and use of common areas.

These documents are essential reading material for condo owners as they dictate what is permissible within the condo community, including pet policies. 

The Framework for Pet Policies in Ontario Condos

While condo boards get to decide the rules and policies of an association, those rules must abide by the province’s regulations; in Ontario, this is the Ontario Condominium Act. 

Ontario’s Condominium Act, from 1998, and the Residential Tenancies Act, from 2006, govern condo living. These laws outline the rights and responsibilities of condo boards, owners, and tenants and a condo corporation’s governing documents cannot overrule them – even when it comes to pet ownership 

For instance, if a tenant requires a service animal for therapeutic reasons, such as a guide dog, a condo board cannot deny that tenant a service pet.

However, that doesn’t mean an association must allow non-service animals to live in the community. That is where they can decide what’s best for their property and community.

Common Pet Restrictions in Condos

As mentioned above, condo boards can impose various pet restrictions through their governing documents, as long as they don’t interfere with provincial laws. Common restrictions include:

• Prohibition of pets: Some condos may have a complete ban on pets.
• Type and size limitations: Restrictions on the types of animals (e.g., cats, dogs) and sizes (e.g., weight limits) of pets allowed.
• Breed restrictions: Certain breeds may be prohibited due to perceived risks.
• Number of pets: Limits on the number of pets a resident can have.
• Usage restrictions: Rules about where pets can be taken within the condo premises, such as prohibiting pets in common areas like pools or gyms.

Current, active board members of a condo corporation determine the pet policies for a condo building or community. These policies can be altered and edited by the board as well.

Enforcement of Pet Policies: What a Condo Board Can Do

Condo boards have the authority to enforce pet policies as outlined in the governing documents. If a resident violates these policies, the board can take various actions (similar to any other type of policy violation) including:

• Issuing warnings: This is the initial step. It usually involves a verbal or written warning to the pet owner.
• Legal action: In severe cases, the condo board can take legal action, which may eventually lead to the eviction of a tenant or other significant consequences for the unit owner.

Exceptions and Accommodations

While condos can impose pet restrictions, exceptions exist for service animals. Under the Ontario Human Rights Code, service animals are not considered pets and must be accommodated by the condo association. This means:

• Service animals: Animals trained to assist individuals with disabilities must be allowed, even if pets are otherwise prohibited.
• Reasonable accommodation: Condo boards must make reasonable accommodations to ensure individuals with service animals can live comfortably.

Did you know?

Rights and Responsibilities of Condo Residents

Residents have rights and responsibilities regarding pet ownership in condos. These include:

• Right to have pets: Depending on the governing documents, residents may have the right to keep pets.
• Responsibilities: When pets are permitted, pet owners must ensure their pets do not cause disturbances and comply with all condo rules regarding pet care and control.

Steps to Take if You Want to Have a Pet in a Condo

If you are considering having a pet in a condo, here are some steps to follow:

1. Review governing documents: Check the condo’s declaration, bylaws, and rules regarding pets.
2. Discuss with the landlord: If renting, talk to your landlord about pet policies before signing a lease. Some condo policies allow owners to have pets, but not their tenants. 
3. Seek clarification: If any policies are unclear, seek clarification from the condo board or property management.

Can a Condo Association Deny an Emotional Support Animal?

In Ontario, a condominium association generally cannot deny an emotional support animal (ESA) if it is required for a person with a disability. This protection is provided under the Ontario Human Rights Code, which mandates that people with disabilities must be accommodated, including those who need emotional support animals. 

Here are the key points.

Legal Framework

• Ontario Human Rights Code: This law prohibits discrimination based on disability and requires accommodation of people with disabilities to the point of undue hardship. Emotional support animals, as part of a treatment plan for a disability, are covered under this legislation.
• Condominium Act, 1998: While this act governs condominium living and allows condo boards to establish rules, these rules must comply with broader human rights legislation.

Emotional Support Animals vs. Service Animals

• Service animals: Specifically trained to perform tasks for individuals with disabilities. These animals are explicitly protected under the Human Rights Code and cannot be denied access.
• Emotional support animals: Provide comfort and support to individuals with disabilities but may not have specific training. While not explicitly defined like service animals, they are still protected under the Human Rights Code if they are part of a disability accommodation.

How a Property Management Company Can Help Condo Associations Manage Pet Policies

Managing pet policies in a condo community can be challenging. A property management company can assist by ensuring that governing documents comply with provincial laws, helping resolve disputes, and providing guidance on accommodating service and emotional support animals. 

At ICC® Property Management, our expertise ensures fair and effective enforcement of pet policies for the communities we manage. Our goal when dealing with pet policy disputes is for maintaining harmony between pet owners, the board of directors, and other residents. 

With our professional support, condo boards can navigate the complexities of pet ownership, balancing community needs and legal obligations. Request a free proposal to learn more.