By: Jayson Schwarz

When buying a condominium it is often the emotional aspect that is as important as the  legal and the two are inexorably intertwined.

The exact question I was asked was why can the condominium corporation stipulate no pets when you own your condominium?

The answer is in essence pretty simple. If the declaration and by-laws provide no pets you can’t have any. Well . . . . almost that simple . . .

In January of 1997, the case of Peel Condominium Corporation No. 499 and Amy Elizabeth Frances Hogg was heard and decided in the Ontario Courts of Justice (General Division) by Carnwarth, J.  The issue was, could she keep her dog Jazz in her high rise condo even though the declaration said no pets? Amy had a lawyer, had a disclosure statement, knew about the rule but saw that others were breaking it.   The Judge said that strictly by the law she had to obey the rules.  An argument in equity or fairness was tried and the Judge referred to 8 considerations:

Maybe and its a big maybe if you can qualify on all 8 you could beat the rule . . . I don’t like your chances. Amy had to give up Jazz.

Since this case there have been a few decisions that indicate that if you have a provable handicap and can demonstrate that you need the pet to assist with said handicap relief may be available (ie seeing eye Dog) It would appear Human Rights considerations can override condominium by-laws and rules.

In June, 2003 Justice Flynn made a decision in Waterloo North Condominium Corp. No. 186 v. Weidner, where he upheld the integrity of the Declaration and its “reasonableness” is not something that can be attacked. He found that in this case unless the owner was dependent on the dog or needed the dog in order  to live in the unit the Human Rights Code would not assist. He said a total ban on pets is not unreasonable.

The moral of the story is that owning a condominium is different then owning a freehold. You must be prepared to be part of the community and recognize that the rules are to take care of everyone and usually there can be no exceptions.

How do we prepare for this? Speak to a legal professional you can trust and do not be afraid to tell him or her all of your concerns either before you sign the offer or during the 10 day cooling off period. Remember buying a home is a large financial and emotional commitment and you want to get it right.

Jayson Schwarz is a Toronto Real Estate Lawyer

Good luck and happy home hunting!!!!