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.

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.

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.

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?

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

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.

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?

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!