De­ci­sion against cat dis­mays pet owner

Calgary Herald - Calgary Herald New Condos - - New Condos - ROBERT NOCE

Dear Robert: I moved into my condo a year and a half ago with my two cats. The prop­erty man­ager did not say any­thing about the lim­ited num­bers of pets per unit.

I have re­cently dis­cov­ered there is a by­law that states there is only one an­i­mal al­lowed in each unit.

All of a sud­den, the board is tak­ing steps to have one cat re­moved from my unit.

There are other own­ers within the com­plex who keep mul­ti­ple pets, but I don’t know if the board is pur­su­ing them.

Do I have any rights here? What can I do?

An­swer: The board has a duty to en­force the by­laws of the con­do­minium cor­po­ra­tion; it does not have the abil­ity to pick and choose which by­laws to en­force and which own­ers to pur­sue.

Based on the facts that you have pro­vided, the board is well within its rights to de­mand that any pet over and above the limit of one be re­moved from your unit.

It may not seem fair, but it would ap­pear that you were mis­in­formed about the by­laws.

If there are other own­ers who also have more than one an­i­mal in their units, the board has an obli­ga­tion to en­force the by­laws against them as well and re­quire them to re­move any ad­di­tional pets over the limit of one.

Help­ful hint: As by­laws vary, it is im­por­tant to read your by­laws in their en­tirety be­fore you sign your pur­chase agree­ment.

The Con­do­minium Prop­erty Act states that all own­ers/renters of units are bound by the by­laws whether or not you have read them or some­one has told you other­wise.

Dear Robert: On a snowy morn­ing in Novem­ber, I was driv­ing up the ramp of my condo parkade and I spun out as there was ice on the ramp.

When I braked, I slid back and into the side of the ramp, which dam­aged my ve­hi­cle.

When I phoned the prop­erty man­age­ment com­pany, I was told that some­one had phoned 45 min­utes ear­lier com­plain­ing about the ramp. The ice was ap­par­ently caused by the heat­ing not work­ing.

Is the con­do­minium cor­po­ra­tion re­spon­si­ble for the dam­age to my ve­hi­cle?

An­swer: Based on the lim­ited facts you have pro­vided, I would say that you have a pos­si­ble claim worth pur­su­ing.

The rea­son I say this is be­cause it would ap­pear that, based on your ques­tion, the prop­erty man­age­ment com­pany, an agent for the con­do­minium cor­po­ra­tion, knew about the ice and did not take any ac­tive steps to deal with it.

You may re­quire the as­sis­tance of a lawyer to help you sort through the legal is­sues of li­a­bil­ity.

Help­ful hint: When the con­do­minium cor­po­ra­tion or the prop­erty man­age­ment com­pany, agent for the con­do­minium cor­po­ra­tion, is aware of a po­ten­tial dan­ger, it is in­cum­bent on it to take ac­tive steps to pro­vide no­tice to the own­ers of the dan­ger or to re­move the dan­ger.

Ig­nor­ing the dan­ger may ex­pose the con­do­minium cor­po­ra­tion to li­a­bil­ity if peo­ple suf­fer dam­ages as a re­sult of their fail­ure to ad­dress the dan­ger.

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