Article
June 02, 2009
Pet projects
Make sure four-legged friends are welcome before signing the dotted line
The issue of pet control in condominiums often generates heated debate. One owner’s sweet and adorable fluff ball can be his neighbour’s biggest nightmare. “Courtesy goes a very long way in managing issues around pets,” says Robert Andrews, managing consultant with Sage Condominium Consulting, a firm that offers consulting services to condominiums experiencing distress.
Those who dwell in single family residences don’t experience the same issues - the natural distance between homes and the fact that animals are roaming on private, not common property acts to cool any controversy or heated disputes. The proximity of units in a condominium and the fact that green space, walkways and courtyards are communally owned, however, can create numerous grievances.
A fundamental concept in condo ownership is that the interests of all owners are respected. “ It is important to be mindful and respectful of other people. You wouldn’t want to walk into a crowded elevator with a pit bull,” says Andrews. “Large dogs frighten some people.”
Another huge area of contention is animal droppings on common property. “Almost without exception you cannot have pets on common property unless they are leashed and controlled at all times,” says Andrews. “If there are signs that pets have been on the common property with no one cleaning up after them it creates problems. “ Andrews says that if there is a witness, then you can go to the board, who will then apply the bylaws and the sanctions around the bylaws, which could result in a fine, or a restriction on the pet, or worse yet, a withdrawal of the pet’s approval.
Andrews says that all bylaws touch upon pet ownership. “Many are very ambiguous and subject to board policy,” he explains. Virtually all bylaws state that approval of the board is required to have pets. “That approval is not absolute and is on a case by case basis.” For the sake of fairness many boards adapt policies around pet ownership. There may be weight restrictions or you may be allowed to have only one animal or maybe there is a no dog policy.
The thing is that these policies can change and be made retroactive at any time, which as you can well imagine can cause great angst amongst owners. For example, a condominium may have an open policy with dogs and then, all of a sudden, challenges arise with dogs in the complex. As a result, the board legislates a new policy that restricts dogs in the complex.
“A bylaw is subject to approval by 75 per cent of the owners, whereas a policy only requires the approval of board members,” says Andrews. “So these policies can change at any time and owners really have very little recourse.”
When buying a condominium, pet restrictions can cause untold dismay if they surface late in the negotiations; or even worse, after a contract has been signed. Andrews recommends calling the property manager and finding out just what the policies and practices are regarding pets. Better yet, he suggests acquiring approval for your pet before closing the deal. “A pet is like a family member, he says. “If you buy a place and find out that the board is not going to approve it, then it becomes a very serious problem and generally you will have little or no recourse to get out of the deal.”