Legal Rights When Living In A Condo With Your Emotional-Support Animal

May 4, 2020

In British Columbia, the Strata Property Act governs the relations between stratas and their owners/tenants. This law says very little about what a strata may or may not do in relation to pets. All it says is that if you live with a pet in a condominium at the time a pet prohibition/restriction is passed, you and your pet will be “grandfathered”.

Common problems between stratas and owners/tenants include demands to remove pets by a certain date, owners/tenants being targeted because of the size or breed of their dog (especially “pit bulls”), and certain pet owners being picked on while other pet owners in the building are left alone.

An increasing number of disputes are about the keeping of emotional-support animals when the bylaws restrict or prohibit animals.

Section 8 of the B.C. Human Rights Code prohibits stratas from enforcing or applying their bylaws in a way that discriminates against a person based on, among other things, a disability.

In a recent decision of the B.C. Human Rights Tribunal, the tribunal clarified the law correctly and progressively when it ruled in favour of a young girl to keep her emotional-support dog despite the strata bylaws containing a pet prohibition.

It is up to the person claiming the disability to prove that (a) they have a disability, and that (b) not having her companion animal would have a negative effect on her because of that disability.

In order to prove a disability, it is critical to have a doctor’s report confirming the disability and explaining what that disability entails. The individual’s own testimony about their disability is also considered.

It is also critical to have a doctor’s report that confirms that keeping the emotional-support animal can, and does, improve the individual’s disability. It is also a good idea to have the doctor explain how the animal helps with the disability—for instance, reducing stress or blood pressure. The individual’s testimony about how important the animal is to them is also important.

It is then up to the strata to raise a defence that shows there is a reasonable justification to impose the pet prohibition despite any negative impact on the individual.

The bad news is that pets are still considered chattel (i.e., property). The good news is that even though pets are “property”, tribunals and courts are recognizing that pets are a special kind of property.

In the context of condominium living, courts have recognized that the law and societal attitudes have evolved to give rise to new concepts as to what are reasonable rules for community living and to a greater appreciation as to how pets can appropriately fit into a closely knit community.

Some people believe that they are entitled to buy into a pet-free environment and that it is reasonable to expect every purchaser to obey those rules, including a rule that prohibits pets entirely.

Courts have recognized that life, particularly in today’s society, is not always that simple. There may be changes in circumstances of unit owners in which it might be reasonable for them to keep a pet. A person becomes older and may lose a spouse and, for the first time in his life, begins to live alone. Should that person be forced to give up his condominium if he tries to avoid depression or loneliness by acquiring a four-legged companion?

Or a unit owner may have an accident or illness and becomes housebound or wheelchair-bound and, at that time, begins to feel a need for comfort that can be provided by a companion animal. Should this person be penalized for now having a companion animal?

Supporters of pet-prohibition bylaws also rely on the allergies argument (i.e., some people are allergic to pets). This argument can be met by reasonable restrictions rather than by an outright prohibition. This is particularly true where the ventilation system is a modern one that precludes the spread of antigens from one unit to another or when the animal has not interfered with the use or enjoyment of others in the condominium complex—all of which has been recognized by courts.

Another issue a person should consider when faced with a strata problem about their companion animal is whether the strata board followed its own bylaws when deciding what action to take against the pet owner. Review the bylaws to see what type of procedures the strata board must follow. Were minutes of the meeting taken? Was there the appropriate quorum when making the decision in relation to the “accused” pet? Was the vote recorded? Courts can strike down a strata’s decision based on procedural grounds, such as a strata board not abiding by its own bylaws.

Pet owners also wonder about meeting with the strata board to give their side of the story. Sometimes it is best to wait to be invited to speak to the strata board—either in writing or by attendance at a meeting. According to the Strata Property Act, a strata board must give the owner or tenant both the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint before imposing a fine or requiring a person to remedy a contravention (i.e., removal of a companion animal). Otherwise, a court may set aside the strata board’s decision.

The bottom line is that companion animals are part of the family. A strata owner and/or tenant should familiarize themselves with the strata bylaws before they move into the condominium.

If there is a total pet prohibition or a breed-specific restriction, consider whether moving into such a community would be the right fit for you and your beloved furry companion.

 

  • Most Recent News

    Former Victoria man’s diabetic alert dog helps him get back to life

    June 2, 2021

    When Luke Hengen’s diabetes worsened in his early twenties, it stripped him of the outdoor activities where the country kid felt at home. Countless wilderness adventures and years of hard-fought football games took a toll on his body, to the point where he could no longer sense when his blood sugar was too high or […]

    Read more

    Students Get Therapy Dog

    January 8, 2021

    When middle school students return to class on Jan. 11, they’ll find a new face at the door: Daisy. Daisy is a therapy dog and the personal pet of Rob Kreger, principal of the Rock L. Butler Middle School. The five-year-old golden retriever is not a school pet or mascot, but rather a working dog […]

    Read more

    Therapy Dogtor

    January 8, 2021

    Last March, Caroline Benzel, a third-year medical student, began to notice the stress and discomfort her nurse friends were feeling from the pressures of the ongoing Covid-19 pandemic. “[Personal protective equipment] can be really rough on the skin,” Benzel, 31, tells PEOPLE. Benzel and her 3-year-old Rottweiler, Loki (who’s also a therapy dog) hatched a […]

    Read more

    Therapy Dog Pups

    January 8, 2021

    When Stanley the miniature fox terrier’s owner passed away, the little dog started a ‘paw-some’ new role – bringing puppy love to some of the Gold Coast’s oldest residents. After Carinity Cedarbrook Diversional Therapist Julianne Staff adopted Stanley, he began visiting the aged care community at Mudgeeraba as a therapy dog. Therapy dogs help to […]

    Read more

    Puppy Cams

    January 7, 2021

    A nonprofit is providing an unusual form of therapy for those on the front lines of the coronavirus pandemic – puppy cams! “You spend five minutes with a puppy and try not to smile,” said registered nurse Robin Lingg Lagrone. Lingg Lagrone says watching little furballs wag their tails and prance on their paws helps […]

    Read more

    Pet Committee

    January 7, 2021

    When Moore County’s school doors were abruptly closed earlier in 2020, two- and four-legged volunteers from the Moore County Citizens’ Pet Responsibility Committee (PRC) were in their 12th year of presenting a six-session Pet Responsibility Education Program for fourth-graders. The PRC quickly shifted gears and placed its program materials online as part of a home […]

    Read more

    The Right Rescue Dog

    January 7, 2021

    If your New Year’s resolution is to add a canine family member, good for you. Somewhere out there is the perfect puppy or adult dog for your family. You have a lot of things to think about when you begin to look for that new family member, puppy or dog? Large or small? Purebred or […]

    Read more

    Police Dog Attack

    January 7, 2021

    A resolution headed to the Duluth City Council on Monday could put to rest a lawsuit filed by Teri Lynn Ehlers, an employee of the Patch Motel, who was bitten by a Duluth police dog named Oakley. Former Duluth Police Officer Marc Johnson was a registered guest of the Warroad establishment May 28, 2018, when […]

    Read more

    PAWS With A Cause

    January 7, 2021

    Pebble Hill Plantation and the Thomas County Public Library are pleased to announce the upcoming Enlightening Bites program, “PAWS With a Cause,” on Friday, January 8, 2021 at noon in the Flipper Room of the Library. The program is being presented by Jeri Anderson, field representative. Anderson is recently retired from the City of Monticello, […]

    Read more

    Police Canine Team

    January 7, 2021

    Kingston Police revealed in a news release late Wednesday afternoon that they’ve been keeping a four-legged secret for roughly three months. The force announced it added a second canine unit, with the arrival of police service dog Dak this past October. He is working with Const. Jeff Dickson, while police service dog Bask is working […]

    Read more

    More Recent News