Condominium Pets vs. The CAT

In May 2022, the Condominium Authority Tribunal (CAT) dealt with a case involving a condominium corporation that had a historical non-enforcement of a blanket prohibition on all animals, despite permitting cats for three decades. When the condominium started receiving requests for dogs, it decided to bring itself into compliance with the prohibition in the declaration. To achieve future compliance, the condominium enacted "legacy" rules, allowing existing cats to be kept until they passed away but not permitting any new animals.

An owner challenged the "legacy" rule, arguing that it was contrary to the prohibition in the declaration. However, the CAT found that the condominium's efforts to move towards compliance and balance the rights of existing pet owners were reasonable and valid. The CAT recognized that past non-enforcement does not necessarily bar future enforcement, and as long as the condominium acknowledges its obligations to its governing documents, it can achieve compliance over time in a clear, fair, and consistent manner.