Pet Policy in Markham Condo

[Ex-Montreal Girl]

me neither I don't think there's an option!

Well, until we figure it out or some mod gives us the details, here's an easy answer.

The Star's Gerry Hyman takes all kinds of questions and I bet he will tackle this one. That's a freebie.

You might go through these websites, although you would have to hire a lawyer I expect.

http://condoadviser.ca/


http://www.lashcondolaw.com/blog/

https://ontcondolaw.com/
http://www.lashcondolaw.com/blog/
http://finedeo.com/home

 

[Ex-Montreal Girl]

me neither I don't think there's an option!

I found some articles that may help. (As a dog owner, I feel your pain so I am all over this!)

https://www.thestar.com/life/homes/2013/11/15/legality_of_pet_ban_depends_on_where_its_spelled_out.html

https://www.thestar.com/life/homes/2016/04/16/condo-residents-cant-be-forced-to-remove-their-dogs-condo-law.html


http://schwarzlaw.ca/pets-and-condominiums/

http://parkandjung.com/pets-in-condos/

 

[salsa]

Eeek. I can't figure out how to PM. PM me.

Try http://urbantoronto.ca/forum/conversations/

Then click on "start a new conversation" button.

 

[Ex-Montreal Girl]

This sounds familiar.


I examined the condominium documents prior to purchasing my unit but found nothing relating to pets. After moving in, I noticed signs stating that all pets must be carried over the common elements. I have now received several complaints that I haven’t complied, that the board is entitled to declare my dog a nuisance and require its removal from my unit. Can they require the removal of my dog?

The requirement to carry a pet must be found in the condominium corp.’s declaration, or in a rule. If in a rule, the requirement must be reasonable although a court will uphold a rule unless it finds that is clearly unreasonable.

If there is only a provision that a pet may be removed if the board finds it to be a nuisance, it would appear necessary for the board to conclude — reasonably — that a pet not carried constitutes a nuisance.

Should the board require removal of your dog, you could request mediation with the corporation. If you and the corporation do not agree upon a mediator within 60 days from the request, or if the agreed-upon mediator concludes the parties have failed to settle the issue, the matter will proceed to binding arbitration.

 

[jayson8168]

What was the outcome? Did you have to remove your dog from the condo ?

 

[InfinitiGuy]

Would be interested to know as well. My condo recently started to enforce their carry rule which I find unreasonable.
Their specific wording states:
"Pets are to be carried by their Owners while travelling through all indoor common areas, including Residential hallways, stairwells, and elevators. Pets must always be on a leash while in outdoor amenity areas. No pet shall be permitted inside any indoor amenities."

 

[DSC]

Would be interested to know as well. My condo recently started to enforce their carry rule which I find unreasonable.
Their specific wording states:
"Pets are to be carried by their Owners while travelling through all indoor common areas, including Residential hallways, stairwells, and elevators. Pets must always be on a leash while in outdoor amenity areas. No pet shall be permitted inside any indoor amenities."

Condo Rules must be reasonable (statements in Declarations do not need to meet this test). If one were old/infirm I suspect the Rule might be held as being unreasonable FOR YOU. It is (I suspect) a way of keeping large dogs out of the condo building without having to have weigh scales at the lobby door! This from the Condominium Authority of Ontario offers some (limited!) help. https://www.condoauthorityontario.ca/en-US/issues-and-solutions/common-issues/pets-issues.