Be they cats, dogs, iguanas or Vietnamese pot-bellied pigs, pets can be a comfort and a joy to own, but can also be a source of conflict in condominium living. Some people collect "exotic pets", which range from tropical fish and tiny song birds to giant tarantula spiders and reptiles. I can imagine the condo apartment building with a front-door sign reading, "Komodo dragon lizards must be carried through the lobby."
Among all the rules affecting condominium living, those regarding pets are often the first bumped into by people who think there should be no such rules, similar to the virtual lack of regulation they enjoyed when they owned a single-family home with a spacious yard. While with a house the default position is that you may keep pets, the default position in all styles of condominium developments is that you may not. After that starting point come all the possibilities of obtaining permission for pets, the decision-making process and the politics that can accompany multi-family condominium living.
So what ARE the basic rules regarding pets in condominium homes, be they apartments, townhouses or even single-family homes in a bare-land condominium subdivision? First, note what Alberta's Condominium Property Act says about bylaws: "The owners of the units and anyone in possession of a unit are bound by the bylaws." Then turning to condo bylaws, a standard clause says something like this: "An owner shall not keep or allow any animal, snake, reptile, livestock, fowl or pet of any kind at any time to be in his unit or on the common property without the specific approval in writing of the Board, which approval the Board may arbitrarily withhold"
That should be clear; unless you have a letter from the Board specifically permitting your pot-bellied pig, dog, cat or iguana, it's prohibited. As well, although a written approval is granted, it can also be withdrawn at any time. In fact, Boards of condo corporations have pretty well absolute discretion to allow some people to have pets, but to prohibit from having pets those people who don't handle their pets well. Even more specifically, a Board may allow a given person to have a different pet, but not the one that's been causing trouble.
There's one further aspect. Most condominium bylaws make clear that municipal animal bylaws also apply to the common property, and the Board of the condo corporation has authority to enforce those municipal rules. Of course the Act and condominium bylaws give Boards extensive authority to impose and collect fines for infractions, and even to obtain court orders requiring the removal of any animal, plus to apply to the court for recovery of costs incurred to obtain compliance.
Still, many of us live in a condominium home and enjoy the company of a pet. In most single-family and townhouse-style condo developments dogs and other common house pets are allowed as long as they're controlled and owners remove pet droppings immediately. Even many high-rise condo buildings allow dogs, although dog-free buildings are becoming more common, while cats, caged birds and aquariums are commonly permitted.
The discretion condominium Boards are given is a necessary evil that can irritate pet owners. Yet the Board has a duty to uphold the corporation's bylaws and make life pleasant for everyone. If a particular dog is perceived as dangerous, whether it truly is or not, the Board has every right (a duty?) to make other owners feel safe and require the pet to leave the development. If most condo property owners in a development have dogs, but one specific owner is sloppy about controlling and cleaning up after his, that person can be the one person specifically prohibited from owning a dog. Courts have time and again upheld such in-house condominium rulings. Judges have said directly that they have enough to do without ending up running all of Alberta's condo buildings.
Can you fight your condominium "city hall" if you don't like the Board's ruling or policy regarding pets? Sure. A condo corporation is a political entity that is subject to influence, petitioning, and entire changes of government. Whichever side of an issue you support, such as whether to permit dogs, feel free to argue for a change of policy, to stand for election at your next annual meeting, or even to ask for a special general meeting of all owners to elect a new Board or to indicate the opinion of all the owners.
Keep in mind, though, that in condominium homes we don't always get the policy we desire, but we're obliged to live by what is decided.
Calgary Condominium Directory
