The Evolution of Pet Rules in Condominiums

Condominium living offers a unique set of challenges and opportunities for residents. One of the most discussed and sometimes contentious issues among condo owners is the regulation of pets. With pets becoming increasingly important to people's lives, understanding how pet rules in condominiums have evolved is essential for both boards and owners.

These changes reflect broader shifts in society’s attitudes toward pets, legal developments, and the need for balance in managing communal living spaces.

In this blog, we’ll explore the evolution of pet rules in condominiums, from early restrictions to the modern, more flexible approach that is emerging today.

The Evolution of Pet Rules in the Condominiums

The Early Years: Absolute Pet Prohibitions

In the early days of condominium development, the approach to pets was often strict and, in many cases, prohibitive. Pet rules were usually seen as a way to maintain order and minimize potential issues, such as noise, allergies, or damage to property.

For many years, the common practice was to include a blanket ban on pets in the Declaration of a condominium’s governing documents. A Declaration is a legal document that outlines the rights and responsibilities of unit owners. Prohibiting pets in this foundational document meant that owners had no room for pets unless they were granted an exemption.

During this time, the prevailing legal understanding was that pet restrictions had to be outlined in the Declaration rather than in the rules or bylaws. This meant that for pet bans to be valid, they had to be explicitly mentioned in the Declaration, and they were strictly enforced.

The Shift: Introducing Pet Restrictions in Rules

As condominiums grew in number and more people choose to live in these communities, attitudes toward pets began to shift. With many people looking to condo living as an affordable and practical option, the presence of pets in these spaces became a much-debated topic. Condominium boards began recognizing that pets, when managed responsibly, were a part of modern living.

Pet restrictions started to appear in rules and bylaws, rather than being relegated only to the Declaration. Rules, unlike Declarations, are often seen as more flexible and easier to amend. While the Declaration could still prohibit pets outright, boards began to introduce pet restrictions in the rules—such as weight limits or breed restrictions—rather than full bans.

The key difference here is that rules must comply with the Condominium Act, which states that they must be reasonable and aligned with the Declaration. This allowed boards more flexibility, but they still had to ensure the rules were fair and in line with both the Condominium Act and the Declaration.

Legal Considerations: Courts and Tribunals Weigh In

As pet rules evolved, legal cases began to play a significant role in shaping how these rules were applied. Court decisions helped refine the balance between individual rights and community living.

For example, in early cases, courts ruled that pet restrictions outlined in the Declaration could be upheld, but pet rules had to be reasonable. This was seen as a way to protect the rights of condo owners who might want pets, while still addressing the needs of those who preferred to live without them.

In the late 1990s, a pivotal case clarified that a weight restriction on pets (e.g., no pets over 25 pounds) was reasonable, but a blanket ban on pets was not. Courts recognized that pet ownership could be reasonable, as long as it did not disrupt the peaceful enjoyment of the community.

The Modern Shift: Flexibility and New Approaches

The most significant recent change in the evolution of pet rules comes from the growing flexibility allowed for condominium boards. Today, more boards are recognizing that pet ownership is an integral part of many people's lives, and as a result, a more balanced approach is emerging.

Recent legal decisions have shown that in cases where the Declaration is silent about pets, boards may be able to introduce pet prohibitions in the rules, provided these rules are reasonable and in line with the needs of the community. This represents a shift from the earlier understanding that pet prohibitions could only be included in the Declaration.

This newfound flexibility has given boards the ability to customize pet rules based on the unique needs of their community, whether that involves setting reasonable weight limits, breed restrictions, or even creating legacy provisions for existing pets in older buildings.

For example, some condos have implemented provisions that allow pets to continue living in the building, even if the rule change would normally prohibit them. These grandfather clauses ensure that owners with pets aren’t unfairly affected by new rules. However, boards are also expected to enforce these rules consistently moving forward.

Pet Rules and Disability Accommodations

An essential aspect of modern pet rules is the recognition of the need for disability-related accommodations. Some condominium owners may require pets as emotional support or service animals. Boards must be mindful that individuals with disabilities are protected under human rights legislation, and this can exempt them from pet restrictions.

When an owner requests a disability-related accommodation, such as allowing a pet despite a no-pet rule, the board must consider the request and ask for reasonable documentation to support it. It’s important for boards to ensure that their decisions comply with both legal and human rights standards. Denying a legitimate request could lead to legal challenges, so boards need to carefully navigate these situations.

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What Does This Mean for Condo Owners and Boards?

As the legal landscape around pet rules in condominiums continues to evolve, condominium boards and owners must stay informed about the changing legal framework and best practices.

For Boards:

• Review Governing Documents: Before enacting or changing pet rules, boards should ensure they are consistent with the Declaration, bylaws, and Condominium Act.

• Consult Legal Counsel: Seeking legal advice can help ensure that rules are enforceable and compliant with the law.

• Enforce Rules Fairly: Consistent enforcement helps avoid legal disputes and ensures fairness to all residents

  
  

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For Owners:

• Know the Rules: Owners should familiarize themselves with their condo’s pet rules, especially before purchasing or renting a unit.

• Request Accommodation If Necessary: If you need a pet for disability-related reasons, it’s important to formally request accommodation and provide any necessary documentation.

Further Resources

Want even more helpful tips on condo management? Check out our article Keeping My Dog in an Apartment: Creating responsible and dog friendly condos.

Our blog offers a wealth of insights on relevant condo law topics, making it a valuable resource for property managers and boards alike. You can also explore Stak’d, our library featuring over 10,000 hand-curated condo-related resources, for additional summaries and tools. Additionally, dive into CAT Cases + Summary for access to specific case decisions involving condominium-related disputes. This feature includes rulings from the Condominium Authority Tribunal (CAT) on issues such as motion orders, consent orders, access to records, fees, costs, and penalties, helping you stay updated on relevant case law in the condominium sector.

How Pet Rules in Condos Are Changing: In Conclusion

The evolution of pet rules in condominiums reflects broader changes in society and law. From strict prohibitions to a more flexible, balanced approach, these rules have adapted to better suit the needs of modern condominium communities. 

Whether you’re a board member or a condo owner, understanding the history and legal context of pet rules can help foster a harmonious environment for all residents. By staying informed and ensuring rules are reasonable and fair, boards and owners can create a space where everyone—including pets—can thrive.

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- Stratastic Inc.