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ALWAYS READ STRATA BYLAWS WHEN YOU BUY A CONDO! NOT CHECKING PET RESTRICTIONS WILL COST YOU MONEY!!
Many people (like me!) think of their pets as being part of the family. When buying a condo people often overlook whether or not their pet will be welcome or allowed in the building they are buying. This oversight can be very expensive.
In the video, I relate the story of my client who bought a place privately before he met me, only to realise there were no pets allowed in his new condo. He had to sell this place and buy a new place it is was not cheap. Always check those pet restrictions!
Have a look at what the respected national law firm Heenan Blaikie has to say on pet restrictions and condos for the legal perspective.
This is what the British Columbia government says about pet bylaws in Strata Properties. Remember a Strata can restrict pets based on size, number, breed, weight. Always read those bylaws and check the Strata minutes for any impending changes to the pet bylaws that may occur after Completion.
Feel free to drop me a line if you have any questions about Pets and Stratas and Bylaws and please do leave a comment!
Good post !
People don’t always realize their pet pooch may cause a problem with the Strata Councils.
Lots of people love pets in Vancouver but you have to remember, not everyone loves them and you need to be open minded about this.
I know of a building that once a year replaces the grass outside of it’s front doors….. and why do they do this? Well because the dogs walk right out the doors and use the grass as their bathroom, which is fine – they have to go some place right! But one person on that strata council gets annoyed by the urine burns in the grass and therefore spends hundreds or maybe even thousands of dollars to replace it once a year. Problem is, a few weeks after it’s replaced it gets killed off again because the dogs still continue to use it and their owners don’t think there is a problem with this. When nature calls there’s not really much you can do right ! This situation just annoys the Strata Council to no end – they see this as a waste of money (obviously), so why do they bother?
We all have to be open minded about the pets situation.
Good to hear from you Neil. How’s the property management business?
That’s a tough situation! In my building we have a similar situation and it is sooo frustrating! Irresponsible dog owners are far too common in Vancouver!
It is amazing the kinds of things that can go so wrong in a strata corporation.
If bylaws allow for dogs then surely the owners have to consider the costs of replacing the turf all the time. That’s just a ridiculous expense. If the Council as a whole does not want to re-turf why is one person carrying the day? It’s a majority vote on Council isn’t it?
Hi K,
Good to hear from you and thank you for commenting!
The understanding that I have is that its against bylaws/rules to damage Common Areas, no matter if this damage is done by owners tenants, pets, pet owners or anyone else.
I would suggest you speak to the strata council about upping the penalties for damaging strata property and install a surveillance system.
The standard rules in the Strata Property Act only allow fines up to $50 per infraction.
The Strata Council can up these penalties to $200 per infraction. Install a decent surveillance system and you can use the fines to pay for the surveillance system AND cover get the perpetrators to pay the cost of the damage. This may require an initial outlay, but it can pay off quite nicely!
What are your thoughts?
Hello Mike
I have heard that Dogs and cats are changing what we look for in a property ….as pets owners become larger in population Statics are showing in today’s market that property value is worth more in a pet-friendly strata building than those that prohibit pets
Would you be able to provide any hard evidence of this for my research or advise me where I can find this information.
Thank you and I look forward hearing from you.
Kind regards,
Debi
Hi Debi,
Very good to hear from you and thank you very much for commenting!
I agree. Condo buildings that allow pets are going to be much more popular than buildings that do not.
If pets are well managed, this can have a positive effect on property values. Properties that appeal to the broadest possible audience are going to have the most potential buyers and this will have an upward effect on price.
In terms of pet restrictions or the lack thereof and property values, I unfortunately don’t know of any hard evidence to support this, but my anecdotal experience confirms this fact in my mind.
I hope I have been of assistance.
What are your thoughts?
My strata council has decided to fine me for my cat not being on leash. I have lived here 20 years and my pet was grandfathered. I had lived here 12 years before a leash bylaw came into effect , and this fine is a result of one complaint in twenty years. Do you think I may have a chance challenging thisfine based on the grandfathering principle or the strata council’s failure to act on this bylaw for 8 years?
Thank you
Hi Bev,
Very good to hear from you and thank you very much for commenting!
I would definitely dispute this fine.
I would start by speaking to a lawyer.
A lawyer will not charge your for an initial meeting and you may be able to get the information you need from this first meeting to prevail in your dispute with the strata.
Please keep me posted with what happens!
There is some good advice here!
Hi, this is the problem…my sister just got married in August 2010 and moved into her husbands condo in Abbotsford, BC that he has occupied for a few years. The problem is that my sister has a female, blue nose pittbull, 2 years old and we assume from “rumors” that someone has complained about being scared of her. So now my sister and her husband recieved a letter from the Strata saying that they need to file an application by October 12 or have 30 days to leave. I would like to know what, if any, recourse do they have at this point? There are restrictions based on height and weight on dogs but Sadie (the pittbull) is better behaved them most people I know.
It is a large complex with many units so if there are only a few people complaining about the dog because of its breed can the strata council hold a meeting to pass a bylaw for them to keep the dog? Let me know what you think about this situation. Thanks.
Angela W.
Hi Angela,
Good to hear from you and thank you very much for taking the time to comment.
Have you had a chance to read the bylaws?
Are there any breeds that are not allowed in the bylaws or rules of the strata?
I would strongly suggest you read the bylaws and rules.
I have seen strata bylaws in condo complexes that specifically do not allow certain breeds like Rottweilers (like my dog) and Pitt Bulls. If there is a restriction on Pitt Bulls, you may have a problem.
If there is no restrictions on breed, is Sadie in compliance with the size, weight, and height restrictions for dogs?
Does the building have a bylaw on pet behaviour?
What does “an application” mean? Does this mean the strata council wants to meet your dog to see what the issue is? Or, does this mean you need to make an application to the strata council to get special permission to keep the dog in the building?
In either case, I would suggest you do your best to show how well behaved, non-threatening, friendly, and safe your dog is.
This could go a long way with the strata council. The strata council can pretty much do whatever they want when it comes to passing bylaws. If you keep them happy things could turn out in your favour.
I would suggest reading the bylaws and then calling a lawyer, especially if there is no restriction on Pitt Bulls, your dog is within the size restriction, and its well behaved.
A lawyer probably won’t charge you for the first visit and their assistance could be very useful in this situation.
I would love to hear how this turns out.
Please keep me posted and let me know how everything turns out.
All the best!
Looking for a good bylaw to allow dogs in a Stratat which is rather paranoid about having them. Wenda
Hi Wenda,
Good to hear from you and thanks for commenting!
I would suggest speaking to a lawyer for this.
Drop me a line and let me know if you need contact numbers.
Speak soon!
Hello,
I have lived in a 4 unit strata for 14.5 years, and am the sole original owner left. When I moved in, I had one dog and one cat. At some point, we wrote our bylaws, including a one pet bylaw in case of future problems.
Over the years, I got two more dogs, with no complaint from the other owners at all (they were all aware of the new animals). In fact, one other owner had two dogs, and two cats, and another had three cats and a dog. Currently, there is only one other owner with a dog.
Sadly, three of my pets have passed now, and I now have just one dog. We are both unhappy with this, and I want to adopt a second dog. It seems, at least to some degree, from what I read in your lawyer’s report, if a pet bylaw was ignored in the past, it is rendered unenforceable.
I don’t want to cause a problem for my neighbours; they know my animals are indoors, go out only on leash, and never use our property for their ‘daily use’. However, I do want to get another dog, and will be extremely unhappy should I be told I can’t.
Do you have any advice on how I can approach this matter with my neighbours?
Thank you,
Cathy Luker
Hi Cathy,
Very good to hear from you and thank you for taking the time to comment!
I would speak to your neighbours and see what they say before you do anything.
As they are all the voters on the strata, you might be able to get a written exemption from the strata for the pets you intend getting.
If you’re not able to get a written exemption from the strata, I would speak to a lawyer to see what your other options are, especially since you mentioned that the pet restrictions had been disregarded in the past.
What are your thoughts?
Please let me know how it turns out!
Speak soon,
Mike
Thanks so much for writing back, Mike. I have, of course, wanted to talk to my neighbours but feared the response. With your suggestion of asking for a written exemption, I feel I can now go ahead and do so. If it is to no avail, I will indeed speak to a lawyer.
Thanks for this, and we’ll talk soon.
Cathy
Good to hear from you Cathy!
Please let us know how it all turns out and best of luck with it!
Thanks!
Hi!
My partner and I have our heart and finances set on buying a condo or townhouse in a particular area of Greater Vancouver.
Unfortunately all our first time buyer excitement went away once we realized that we cannot buy anything at this moment as all the properties we are interested in have a strict no pet policy and, we have a 12 yr old indoor cat.
This might be one of the reasons why some of the properties have been listed for quite some time.
To top it off, realtors don’t always list pet restrictions openly turning into more frustration and a waste of time for us.
Do you think is possible to make an offer and include a request for the seller to ask a strata bylaw change? Has this ever worked?
Thanks in advance.
Hi Mary,
Good to hear from you and thank you for taking the time to comment!
I hear you about being frustrated about pet restrictions not being on listings!
Changing Strata Bylaws is VERY time consuming and takes a LONG time (ie months or possibly years if controversial, like pet restrictions) and your subject to can only be for maybe 7-10 days.
Also a non-owner and non-Strata Council member cannot propose changes to the Strata Bylaws.
I don’t think this is course of action that will meet with success.
The president of the Strata Council may (no guarantees) be able to do something for you, but what they are willing or able to do is up to them.
I think a better course of action would be to look at suites without pet restrictions.
What are your thoughts?
I’d love to hear how this turns out and it would be great if you could share it here as a comment so others can learn from your experience.
Thanks!
Thanks!
Hi Mary,
My pleasure!
Keep us posted!
Thanks,
M
Mr. Stewart,
On your web site you make the statement, “Remember a Strata can restrict pets based on size, number, breed, weight.” The question is, What documentation and or references do you have to support your statement?
Problem: While Bylaws in some strata’s have restrictions on “size” (shoulder height for example) and “weight”, council is now being told that these restrictions are “unenforceable” and consequently the Bylaw should be changed to delete any size and weight restrictions and should not be enforced in the interim.
What reference do you have to support your statement and the validity and applicability to pet size and weight restrictions? Pet numbers and breed restrictions do not seem to be a problem.
Appreciate your comments,
L.
I have to comment and say that so many people mentioned problems with replacing turf, and I find that strange. I currently live in a pet friendly complex that has a lot of green space. While there is the occasional dead spot in the law, it’s not really a problem at all. Nearly everybody in this building has a dog as well. To top it off, many places that are more centered around stores and what not, do not even have “turf.” It’s pure pavement and they still restrict dogs. I have a major problem with this and find it quite discriminatory. Somebody above also mentioned that not everybody likes dogs and so pet owners should be understanding. Well, not everybody likes kids, but until I’m 55+, I can’t really avoid that. It’s part of living in a building with other people. I certainly don’t like every single neighbor I have, and while I’d like to take my concern to strata and have them removed, that would be ridiculous. I feel the same way about people saying we should respect pet restrictions. Pets owners should simply be held to standards just like non-pet owners.
Furthermore, even if I were understanding of a no pet allowed policy, I can’t for the life of me understand why their are weight restrictions. My 100 lbs lab is FAR more well behaved than any of the small yappy dogs in this building. I’ve also never been bit by a large breed whereas I have been by a few small dogs.
While most of this reply has been a bit of an argument about previous comments, I am actually curious about the logic being size restrictions. How does it impact anybody?
Hi Larry,
Good to hear from you and thank you for taking the time to comment!
Sorry for the late response, I was out of town.
You bring up a good point.
Strata councils can pass any bylaw or rule they wish, BUT as you mention, they may not be enforceable. Also, what is and is not enforceable is constantly changing.
Strata by-laws and rules can be challenged in a court of law. If you are unhappy with a Strata bylaw or rule TALK TO YOUR LAWYER!
Your lawyer is best qualified to advise you on the legality of a rule or bylaw and the feasibility of a legal challenge to the said bylaw/rule.
As you mention Larry, bylaws/rules may not be enforceable.
Remember, what is enforceable or not in terms of strata bylaws/rules is always changing based on our precedent based Common Law system, so always check with your lawyer!
References – Drop me a line at 604-763-3136 and I can forward you references.
What are your thoughts, Larry?
Thanks!
Hi Kathy,
Good to hear from you and thank you for taking the time to comment.
I think the logic behind size restrictions is that Strata Councils may think that dogs over a certain size may not be appropriate for a condo and that having a dog over the size restriction in a condo may not be good for the dog.
What are your thoughts?
Thanks!
Hi Mike,
My husband and I purchased a townhouse in a new complex, which has 26 units and the developer has yet to sell 5 of the units still. He rented one of the units, which he was permitted to do under our bylaws. I however am wondering if his tenants are allowed to bring a pet in that does not follow our bylaws (which they did for the last year and had no problems)?
Thanks in advance
Jessica
Hi Jessica,
Good to hear from you and thank you very much for taking the time to comment on my blog!
As far as I know having a pet in a complex in violation of a pet restriction or a restriction on specific breeds or types of animals, is a violation of the pet restriction.
That said, if nobody complains and nobody takes action on the bylaw/rule infractions, then you’ve got a problem.
The developer, once they have completed the complex are subject to the same rules and bylaws as any owner of a strata lot.
Its up to the strata council to ensure that the bylaws are being enforced and very often in a new complex with a new strata council, bylaw enforcement may be lax.
If you have a problem with pets in these suites, I suggest informing the Strata Council (you may have to do this several times until they get it) and if you want action on this and the Strata Council does nothing, I suggest you contact a lawyer.
I think size restrictions are based on fear and has nothing to do with what is best for the condo or the dog. I live in a condo currently and have a large breed dog. He’s goes for 5 long walks a day. I don’t see how that impacts anybody negatively. He is never the aggressor and never ever barks. I don’t see how a large breed dog is not good for a condo. I think it’s not good for people who are afraid of dogs. But I think most people would agree that small dogs are far more ferocious in general. In fact I’ve had several of the small dogs here attack my dog out of nowhere. I’m not saying that the small dogs shouldn’t be allowed, I’m simply pointing out the fact that there is no logic based reason to restrict dog size. Other people fearing them is not a reason. As a single woman I’m fearful of creepy men in the elevators, but low and behold, they live in my building. You can’t simply restrict something based on fear and I really don’t see how pet restrictions are not considered discrimination. I feel that living with things you don’t necessarily like, may it be dogs (or children), is something you must accept when living in a building with other people.
I was just wondering if there was an actual valid argument as to why there are restrictions according to the law, but obviously there isn’t. Personally, I think people like to control their environment around them for the sake of controlling it. Why complain about a dog if it doesn’t impact you? Pets aren’t an unsightly mess on somebody’s balcony, they are part of the family.
Hi Kathy,
Good to hear from you and thank you for taking the time to comment.
I want to clarify something with you.
I am not taking a position on whether or not pet restrictions are good or bad or their justification or trying to justify them.
I am sharing what I have heard about pet restrictions. Remember, I am a dog owner too!
I agree with you on several things.
A lot of pet restrictions are based on fear and ignorance of pets, particularly larger dogs.
It sounds as though you are a responsible pet owner and take good care of your dog.
There are, unfortunately, a lot of pet owners who aren’t as conscientious as you are and these people and their pets are why many buildings have pet restrictions.
What are your thoughts?
Hi Mike,
I have lived in my condo for about 7 years. The by-laws restrict owners to only one cat or dog. I have 2 cats and I asked the then president of the strata if it was OK and she said that it should be alright. Not only that but the previous people had 2 cats also. However, I didn’t get anything in writing!
What I want to know is: what arguments can I say in my defence, if the strata tell me that I am breaking a by-law.
According to our by-laws, the strata fines owners for breaking a by-law. So my second question is: would they be able to fine me for breaking a by-law from the time I move in, or, would they fine me from when they send me a notice. I am worried about paying thousands of dollars in fines.
Hi Pam,
Good to hear from you and thank you for taking the time to leave a comment.
If you’re concerned about your strata going after you for the pet bylaw, I would document how long you have had pets in contravention of the pet bylaw as well as the previous owners who kept pets.
Next I would speak to a lawyer, as you having a pet for as long as you have may have an impact on the validity of the pet restriction, but please confirm this with your lawyer. I am not a lawyer and am not qualified to comment on the legal issues you may have with a strata.
Do keep in mind, pet restrictions in a strata are often used to keep potentially troublesome pets and pet owners out of the building. Pets and their owners who are not troublesome and keep quiet about their pets may not have any issues with the strata.
If you’re worried about having an issue with the strata about your pets and the fines that may be levied, speak to a lawyer. If the strata has not noticed your pets or doesn’t care that you have them you might be OK.
What are your thoughts?
Hi:
So here is an update on our search for a pet-friendly (cat) condo or townhouse.
3 months later and few price reductions later:
Properties with strict no pet policies -which we would have bought if they were pet friendly- have sold significantly reduced or are still in the market. We are still looking!
At the end of the day, I really do not see the logic in this type of policy for anyone’s bottom lime.
Something to think about!
Thanks
Hi Mary,
Good to hear from you and thank you for getting back to us here!
I hear you about your frustration with pet restrictions when buying a property!
pet restrictions definitely do have an impact on the marketability of a condo as you have seen.
Best of luck!
I see no recent comments, but I am sure hoping you may be able to be of assistance.
BACKGROUND:
I placed an offer on a condo in the spring of 2009 which completed on June 9, 2009 (private deal). I became interested in the building when I heard that they were a pet friendly building. While looking at a few of the units in the complex I discover that this was indeed the case; I met 4 dogs and was told that there were as many as 6 dogs residing in the building & an undetermined number of cats. These finding were supported by the owners of 3 different units. All which were in contradiction of what the bylaws stated “no pets”. But, I went with what I was being told & what I truly wanted & placed an offer on a unit.
Unfortunately, my bubble was burst and my luck of locating a pet friendly building was misguided. In actuality the council held a vote to revise the pet bylaw at the AGM held the end of May 2009. The vote approved a revision to the pet bylaws – it was changed to permit the home owners who had pets residing in the building to be grandfathered in. But the effective date of this change to the bylaw was back dated to January 1, 2009.
I took early possession of my unit in the last week of May even though my contract didn’t finalize until June 9th. The existing owners had given me the keys in the 3rd week of May I said I could move in at any time as they were already living in Kamloops. I didn’t move to move any belongings into the unit until the week of June 12th with the exception of a bed which I moved in on the afternoon of May 29th. You see I purchased several furniture pieces from the existing owners so, until my truck arrived from Price George no on knew I was there or that the old owners were gone.
You can see my situation – although I was living in the building because of the back dating of the bylaw they say my dog is not permitted. Towards the end of July of that year I was walking in the driveway with my dog & I was stopped by Louise, the president of the strata council, who questioned who I was and made reference to the dog not being permitted on property. I didn’t engage in any discussions other than to acknowledge and admit that the dog was mine and that he didn’t live here…I lied, but It was a beautiful sunny Sunday morning & I didn’t want to spoil my day, and other owners in the building had warned me that she would be an issue. No warning was issued for this encounter. But since this day I stress about my living situation and my dog all the time.
The following April 19th I was issued a warning that someone had seen my dog and placed a complaint, it advised me that I had to have him removed within 7 days otherwise fines would be levied. To this date I have not complied with the notice and I have not received another complaint. I can guarantee that the majority of the owners in the building have no idea that I even have him. Since the day I moved in he has never been left alone & not once has he barked. I do not go through great lengths to keep his presence a secret as with his size this would be futile as he is a black lab … kind of large one at that.
This past year I have spent allot of time away from my home, Grant (dog) has been coming to work with me and he stays in the car except for on breaks, but the weather is about to put a halt to that with the warmer temperatures. Prior to this arrangement he went to work with my sister and gave companionship to many students at the Elementary school she worked at. Then when my sister took ill he spent his days with us at her place. We lost my sister this year, so dividing our time up between the 2 places is no longer an option. I would like to get a handle on this situation so when the strata makes an issue (which they will)– I know my standing & I can just hand them a copy of a letter and then leave the next step up to them.
Yes, finding a new home for Grant would be the best option over selling my place; but these are both options I would really not like to pursue if I can help it. Your advice and assistance would be greatly appreciated & I look forward to hearing from you.
1) Can a strata council vote on the passing of a bylaw and then make its effective date 6 months previous to the actual passing of the bylaw? Thus excluding anyone who moved into the building within the previous six months (or in my case a few weeks). Legally should my dog be grandfathered in even though I was not yet a registered home owner & was just staying there until my deal closed.
2)
3) Based on the below, do you believe I have a leg to stand on?3) Do you have any information of cases or documented outcomes of homeowners going up against their strata council?
Hi Valerie,
Good to hear from you and thank you for taking the time to comment.
I’d like to start by sending my condolences on the loss of your sister.
Wow! You write very well! I wish I could write as well and as easily as you!
I’ll try to answer your questions as best as I can within the limits of my license and experience.
My understanding is that there was a “no pet” policy from before you moved in and that the other pets in the strata were in violation of the pet bylaw.
I am not optimistic about your situation, but I would consult a lawyer to see what your options are.
Its not easy to fight a strata council and if you’re thinking of doing it, I’d hire a lawyer to help you.
In the video, I relate a situation exactly the same as yours.
The client bought a property privately only to find out there was a pet restriction. He could not fight the bylaw and he was forced to sell his property.
I helped him sell this place as well a new suite in pet friendly building.
He ended up having to pay commission to sell his condo as well as the property tax on the new pet friendly building I helped him purchase as well as other costs associated with buying and selling property.
All this expense and hassle could have been avoided by hiring a Realtor and/or a lawyer to help you with the purchase.
Keep in mind that Realtors are open to assisting people with private sales and the rates they charge may not be as much as you think. Realtors also have Error and Omission Insurance that could have covered this had you been working with a Realtor.
I can’t stress this enough. When you’re buying or selling real estate in BC, always hire a good Realtor or a lawyer.
Hi Mike,
My wife in I are in the process of purchasing a townhouse, that does not allow dogs. Cats are allowed. This is only a rule the strata has, and is not a bylaw they have passed. We have written a letter to the strata council, asking for an exemption and have not heard back. Both neighbours on either side are very friendly, and have no issue with a dog moving in. This is a self strata, with only 12 units. Have you come across this before? Any recommendations?
Thank you,
Steve
Hi Steve,
Good to hear from you and thank you for taking the time to comment.
Buying into a strata with a no dog rule may be a recipe for hassle, cost, and frustration.
I would first see what your Buyers Agent has to say. From what I understand you have only spoken to two of the 12 property owners.
They may be OK, but what about the other 9? If they object, you might be in a lot of trouble.
I would see what response (if any) you get from letter to strata. Strata’s move very slowly and there may not be enough time (with a 7 days subject removal period) to get a response.
I would also speak to a lawyer. A lawyer may have some good advice as well.
What are your thoughts?
Hallo.
I live in the strata complex that allows dogs , and cats.
We have a new Yorkie puppy who is very quiet except at times he barks. A woman downstirs complained about it to council. She has kept diary of the times my puppy barked. He only barked a few times before being stopped.
I have to write a letter of explanation, but I feel they already have made their decision to give us hefty fine.
Thank you for your time to read my message.
Hi Maria,
Good to hear from you and thank you for taking the time to comment!
That sounds very frustrating. Are they ordering you to remove the dog?
Looking forward to hearing from you.
Hi Mike.
I have to write a letter in response to complaint.The people on the council are biased against us and they might ask to remove the puppy.
What can I do? Dogs bark , and it is unreasonable to expect that he will never bark.
We will have to sell our place and to move to another area. We live in Kits.
I live in a strata condo that allows cats and dogs. About a month ago I bought a small dog Terrier breed. My dog likes too bark when people knock at door or approach our door. Unfornately we live at a corner unit and close too the lobby we get alot of people walking by and the dog will bark when he hears someone come in. Today I had a complaint from someone that lives on the other side saying my dog is loud. I have been hear for seven years and have seen many dogs come and go. I also hear them barking and never minded them because I know their dogs. Now I am worried that someone is going too complain to strata because there biased. What will strata do? Can I get a hefty fine.
Hi Nikki,
Good to hear from you and thank you for taking the time to comment!
I would have a look at your Strata By-Laws and Rules to see what your Strata’s policy is about dogs barking.
According to this document from the BC Gov’t, the Strata Council has an obligation to enforce the bylaws and rules:
http://www.fic.gov.bc.ca/pdf/responsibilities_strata/guide04.pdf
If there is no rule or bylaw about dogs barking, you might be OK, but if there is you may be fined. Also if there isn’t a rule/bylaw about dogs barking, the Strata Council may pass one.
I would suggest talking to the Strata Council to see what their opinion is, because after all. Its up to them (or the Strata Manager) if you’re going to get fined or not.