Pet Owner Successfully Challenges Condo Size Restrictions

In a recent case in British Columbia, a condo corporation demanded a unit owner's golden retriever, Zoey, be permanently removed as the dog violated the corporation's size restriction. The condo documents stated that "one small dog or cat is permitted; small being defined as an animal that can comfortably be picked up and carried." However, the owner successfully challenged the size restriction, arguing that it lacked objective criteria for determining whether a pet is small, resulting in selective enforcement. The Civil Resolution Tribunal agreed with the owner and declared the current size restriction unenforceable. The strata corporation will have to create a new restriction with wording that is more objective and specific.