A Tale of an Emotional Support Animal in a No Pets Condo With Another Owner With Severe Allergies – What’s a Condominium To Do?

In this article, the author discusses a recent decision by the Condominium Authority Tribunal (CAT) in a case where a condominium owner with severe allergies filed an application against the condominium and another owner, alleging that the condominium failed to enforce its "no pets" policy and failed to accommodate her disability. The second owner had been granted an exemption from the "no pets" policy to keep her emotional support dog, which triggered the first owner's allergies. The CAT addressed several issues, including whether the condominium was in breach of its governing documents, whether it failed to accommodate the owner's disability, whether its decision to accommodate the second owner imposed an undue hardship on the first owner, and whether costs should be awarded. The CAT found that the board's decision to exempt the second owner from the pets prohibition was reasonable and entitled to deference. It also clarified that the duty to accommodate a disability under the Human Rights Code includes accommodation for mental health disabilities, including with an emotional support animal. The CAT encouraged the parties to work together to find solutions that would reconcile their competing rights and obligations as both owners would presumably continue to live in the condominium. No costs were awarded.