When it comes to managing condominium communities, one of the most common yet complex issues that arise is related to pets. Whether it’s a breach of the pet provisions in the condominium’s governing documents or a request for accommodation concerning a service animal, understanding the proper steps to address these concerns is essential.
Let's break down the initial steps to take when faced with pet-related issues and how the Condominium Authority Tribunal (CAT) plays a vital role in resolving disputes.
Initial Steps for Breach and CAT's Role in Pet Issues in Condominiums
Understanding Pet Provisions and Breaches
Condominium corporations typically have clear pet policies outlined in their governing documents. These policies may include restrictions on the number, type, or size of pets allowed, as well as provisions related to the behavior of pets and owners' responsibilities for their pets' actions. When these rules are breached, whether it’s due to an unapproved pet on the premises, a pet causing a nuisance, or failure to clean up after a pet, it’s essential to address the issue quickly and effectively.
The first step in dealing with a breach of pet provisions is to review the complaint or concern raised. Once the issue is confirmed, the condominium corporation should send a formal letter to the pet owner, outlining the breach and referencing the specific rules or provisions in the governing documents that have been violated. The letter should clearly state the corporation’s expectations, request the removal of the pet or compliance with the rules, and provide a reasonable deadline for compliance. Additionally, it’s important to note that the letter should warn of potential enforcement actions, including the right to seek costs if the issue is not resolved.
When Compliance Is Not Achieved
If the pet owner does not respond or continues to violate the condominium’s rules, the next step is to escalate the issue. This typically involves seeking legal counsel to send a more formal communication, reinforcing the need for compliance. In some cases, the corporation may need to pursue the matter through the Condominium Authority Tribunal (CAT), especially when the situation involves ongoing non-compliance or a pet deemed to be a nuisance.
The CAT’s role in such cases is to ensure that condominium corporations can enforce their governing documents fairly and consistently. The tribunal has the authority to review pet-related disputes and enforce the removal of pets if they are found to be in violation of the rules. The key point here is that the CAT will typically defer to the condominium corporation’s decision if it has acted reasonably and followed the proper procedures.
For example, in a recent case involving a Toronto condominium, a corporation sought the removal of a cat after repeated violations of the building’s pet rules, including the cat’s aggression toward other animals. The CAT reviewed the case and upheld the decision for removal, emphasizing that the board’s actions were reasonable in light of the ongoing breaches and attempts to seek compliance.
The Importance of Documentation and Reasonableness
One of the crucial factors for a condominium corporation when pursuing a pet-related issue is to keep meticulous documentation of every step taken. From initial complaints to letters sent to the owner and responses (or lack thereof), thorough records are essential in proving that the corporation has acted reasonably and in compliance with its governing documents. This documentation is vital when the matter escalates to the CAT, where it may be reviewed as part of the tribunal's decision-making process.
For the tribunal to uphold the corporation’s actions, the board must demonstrate that it has acted fairly, reasonably, and in good faith. If a pet has been deemed a nuisance, the corporation must show that it made reasonable efforts to address the issue and gave the pet owner ample opportunity to comply with the rules before taking further action.
Requests for Accommodation and the Role of the CAT
Another complex issue that arises in pet-related disputes is the request for accommodation concerning service animals or emotional support animals. In cases where a pet is deemed to be in violation of the condominium’s pet provisions, the resident may argue that the animal is required for medical reasons, making it a service or support animal.
Under the Ontario Human Rights Code, condominium corporations are required to consider requests for accommodation and work with the resident to ensure that their needs are met while balancing the rights and interests of other residents. The key here is that the person requesting accommodation must provide medical information confirming the need for the animal. The condominium is entitled to request sufficient documentation to support the claim, though they are not allowed to ask for specifics about the disability itself, only the need for the animal and how it relates to the disability.
If the accommodation request is not accompanied by the necessary documentation, the condominium corporation is within its rights to take enforcement action. In one case, the CAT upheld the corporation’s decision to remove a pet despite the owner claiming it was an emotional support animal, due to the owner’s failure to provide the required medical documentation.
Temporary Accommodations and Balancing Interests
In some cases, it may be appropriate for a condominium corporation to grant a temporary accommodation while it reviews the information provided. This could involve allowing the pet to remain temporarily, pending the submission of the necessary documentation. However, the temporary accommodation should be time-limited, and the corporation should remain consistent in its communications with the resident.
In certain cases, the CAT has supported restrictions on animals that are granted accommodation. For example, a dog that was allowed to remain in a condominium despite being a nuisance due to medical reasons was required to wear a diaper when in common areas.
This is an example of how accommodations can balance the needs of the individual resident with the corporation’s responsibility to protect the interests of the entire community.
📰 Further Resources
Looking for more information about pet rules in condo management?
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), helping you stay updated on relevant case law in the condominium sector.
Pet-Related Breaches and Understanding CAT’s Role: In Conclusion
Pet-related issues in condominiums can be challenging, particularly when they involve breaches of the governing documents or requests for accommodation related to service or emotional support animals. The key steps for addressing these concerns involve clear communication, documentation, and a reasonable approach that balances the needs of all residents.
The Condominium Authority Tribunal (CAT) plays a vital role in ensuring that disputes are resolved fairly and that condominium corporations can enforce their rules while respecting the rights of residents who require accommodations. By understanding the proper steps to take and maintaining a consistent approach, condominium corporations can navigate pet-related issues in a way that promotes harmony and compliance within the community.
-Stratastic Inc.
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