ENFORCING PET BYLAWS KEEPS LIABILITY LEASHED

Question: I sit on a condominium board that is having challenges with a tenant who keeps a pet in their unit, even though the bylaws do not allow pets.

There has been some discussion about giving special permission. What would happen if the board were to ignore its own bylaws? Could we be sued?

Answer: This issue comes up more frequently than you can imagine. If your bylaws clearly state that pets are not allowed in any of the units, then the only option available to the board would be to demand that the pet be removed or, alternatively, go to court and get an order from a judge directing that the pet be removed.

All of the legal costs incurred by the condominium corporation in enforcing a bylaw breach would be recoverable from the owner of that unit (subject to your bylaws).

Boards do not have the discretion to ignore a breach. If they do so, individual board members run the risk of exposing themselves to personal liability.

Boards generally get insurance protection if someone sues individual board members, provided that the board members were acting in good faith.

In your example, you are aware of a breach and are therefore no longer entitled to the good faith defence.

Helpful hint: Condominium complexes make exceptions for blind people who have seeing-eye dogs, and such exceptions are justified because it’s the law.

The trend lately is for people to get notes from their doctors or psychologists stating that their teacup poodle, for example, is a “service dog.”

This creates confusion and friction between board members and condo owners. If you want a pet, simply call it a pet and live in a location that allows pets.

This will also protect your privacy.

Question: Is there a reference available to help clarify the line between where the condominium corporation’s responsibilities stop and where the unit owner’s responsibilities begin?

I did find a consumer tips brochure about buying and owning a condominium on the Government of Alberta website, but it is general and does not provide examples.

Answer: There is no checklist because every condominium corporation is different.

Read the Condominium Property Act and its regulations, as well as your own condominium’s bylaws and your condominium plan.

Those documents will tell you what the condominium corporation is responsible for and what unit owners are responsible for. If there were a dispute, then you would engage a lawyer to assist you in interpreting the condominium plan and/ or bylaws.

Helpful hint: An owner’s responsibility in one condominium corporation, such as the monthly cable bill, may be the responsibility of the condominium corporation in another.