Is it reasonable to be forced to carry my pet?

I examined the condominium documents prior to purchasing my unit but found nothing relating to pets. After moving in, I noticed signs stating that all pets must be carried over the common elements. I have now received several complaints that I haven’t complied, that the board is entitled to declare my dog a nuisance and require its removal from my unit.

Can they require the removal of my dog?

The requirement to carry a pet must be found in the condominium corporation’s declaration, or in a rule. If in a rule, the requirement must be reasonable although a court will uphold a rule unless it finds that is clearly unreasonable.

If there is only a provision that a pet may be removed if the board finds it to be a nuisance, it would appear necessary for the board to conclude — reasonably — that a pet not carried constitutes a nuisance.

Should the board require removal of your dog, you could request mediation with the corporation. If you and the corporation do not agree upon a mediator within 60 days from the request, or if the agreedupon mediator concludes the parties have failed to settle the issue, the matter will proceed to binding arbitration. Our corporation’s auditor has confirmed it is permissible to transfer or pay operational expenses directly from the reserve fund. Is that correct?

The Condominium Act provides: “A reserve fund shall be used solely for the purposes of major repair and replacement of the common elements and assets of the corporation.”

Reserve funds cannot be used for operational expenses. What must we do to replace our board and then to hire a new management company?

Owners of at least 15 per cent of the units may submit a written requisition for the removal of one or more of the directors, setting out the reason for each removal.

The requisitionist may request the business to be presented at the next annual general meeting, or else the board must call and hold the owners’ meeting within 35 days of receiving the requisition.

If the board fails to do so, a requisi- tionist may call the meeting to be held within 45 days of the date on which the annual general meeting is called. The owners may at the requisitioned meeting vote to elect replacements for the removed directors for the balance of their terms.

The board may then determine whether it wishes to remove and replace the management company. Cleaners at my elderly parent’s condo have been using a very strong substance in front of my parent’s unit. The chemicals have caused my mother to suffer severe nausea and she is afraid of an asthma attack. She has received no response to her calls to the cleaners. What can she do? It appears that the severe nausea constitutes a disability pursuant to the Ontario Human Rights Code. The condominium corporation might be advised that they are obligated to take the necessary steps to end the cause of the disability or that you will proceed with a claim under the Ontario Human Rights Code.

You might also refer the board of directors to Section 117 of the Condominium Act, 1998, which states that no person shall permit a condition to exist or carry on an activity in a unit or common elements that is likely to cause injury to an individual.

Failing that, a complaint might be made pursuant to the Ontario Human Rights Code. Lawyer Gerry Hyman is a former president of the Canadian Condominium Institute and author of Condominium Handbook.