Condo Living

May 10, 2024 Published by London and Area Chapter - By Trish Kaplan

Pets Are Community Members

From the CCI Review 2023/2024-3 March 2024 issue of the CCI London Chapter

During and even following the pandemic, some found it difficult to break out from their individual definition of a safe and tranquil place. There was information available to those who were having difficulties reducing their loneliness. Feelings of social support suggested that pets could lessen them to create an improved sense of calm in their lives.

The pet population grew. However, where condominium corporations had specific provisions related to pets in their governing documents, not everyone was familiar with them. Other owners began to express their concerns, even when they recognized how it assisted those owners who acquired them during this period. In hindsight, as often occurs, it might have been appropriate for boards to address pet rules to all owners.

Board members are empathetic for the need of individuals to address their own personal issues of determining how to handle their stress and social well-being in their own units. Their responsibilities include consistently enforcing the provisions in the corporation’s governing documents; but also to comply with the Human Rights Code as it relates to accommodating service animals. The Condominium Authority of Ontario (CAO) provides more information about service animals for owners and boards here.

It should be understood that the Board and/or Manager must respond to and document each specific issue related to the pets so they are prepared to respond to an issue that may be brought before the Condominium Authority Tribunal (CAT) or the Ontario Human Rights Commission. On January 1, 2022, the Condominium Act was amended to expand the jurisdiction of the CAT to include certain nuisances. More information on the CAT and dispute resolution can be found here.

Subsection 117 of the Condominium Act, provides that:

(1) No person shall through an act or omission, cause a condition to exist or an activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual.

(2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,

(a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any of the corporation;

(b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.

The more frequent causes of complaint include noise (barking), clean-up after pets, and reports of a pet being considered dangerous.

Protecting Our Pets

We must remember though, where there are no controversies related to pet in our community, they are integral members of families and oftentimes embraced in communities and as such it would seem that everyone would be open to protecting them.

While Mother Nature is a bit off of late, we are all anxious to get our hands dirty with beautifying our community. Some items that came through social media: while you are considering and choosing your plantings that you will enjoy, you might choose those that will protect the furry members of the communities.

   

We wish you sunshine and contented calm during your summer months. 

We hope the pets and plants bring you joy in your community. 

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Trish Kaplan, CCI (Hon’s) is the parttime Administrator of the Chapter.; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006. Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator.

Trish is a condominium owner, served as a director in the corporation she resides in for a time and is a retired condominium manager.

Her experience in different areas of condominium continues to be a benefit to the chapter and its members.