Condo Smarts: When are pets exempt from bylaw restrictions?

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Dear Tony,

What happens when an owner exceeds the number of pets permitted under strata bylaws? Pets are prohibited in our building, and a new owner has a dog and a cat.

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Our strata council has given notice they are in violation of our bylaws. The owners have responded that the pets are medically certified and necessary for their daughter’s mental health, who is disabled.

Is there such a situation where pets are medically certified? The strata council is not rushing any type of enforcement, but we are curious what kind of information we can ask for and if we have to grant this exemption contrary to our bylaws?

—Caroline V, Surrey

Dear Caroline,

All bylaws and rules of strata corporations must comply with the Strata Property Act, the BC Human Rights Code and every enactment of law. While a strata corporation is permitted to adopt bylaws that limit or restrict the number of pets, the age of persons occupying a strata lot, or limiting conditions on alterations, strata corporations are still required to accommodate persons with disabilities or medical conditions to the extent of undue hardship under the Human Rights Code.

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The Civil Resolution Tribunal (CRT) may also make orders that require strata corporations to accommodate occupants who can provide evidence of credible conditions where the strata corporation may be required to accommodate them, contrary to the bylaws.

A recent CRT decision ruled in favor of an owner with three cats, exceeding the total number of pets, because the owner could provide medical documentation of emotional support requirements.

Kate Campbell, the adjudicator for the CRT, determined the issue facing the court was two-fold.

First, the owner needed to prove that she has a disability and that there would be an “adverse impact” if she were prohibited from keeping her cats. The CRT found the documentation from a social worker and two doctors was enough to establish these conditions.

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Second, it needed to be established that what was being asked of the strata would not cause “undue hardship”. According to the adjudicator, the strata presented evidence that the majority of other owners supported the single-pet bylaw and claimed that the owners knew about the bylaw before moving in. However, the CRT did find the strata has not shown how allowing the owner to keep her three cats creates any hardship.

The fact that it requires an exception to the bylaws is not a hardship. However, it is incumbent on both the strata corporation and the affected parties to cooperate when requesting accommodation under the bylaws.

An earlier decision of the CRT, Leary vs. VR 1001, resulted in a test that is a helpful checklist for strata corporations to evaluate and consider applications.

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The person seeking accommodation and the strata council has a duty to act reasonably and cooperate. For example, occupants requesting accommodation from a bylaw restriction are expected to provide documentation to support their request, and strata councils have a duty to reasonably evaluate the evidence, protect the owner’s privacy, and consider the application.

Tribunals provide broader flexibility to address individual disputes, and often the decisions are unique to those circumstances, but they do provide helpful information for council decision making. CRT decisions are published on their website at civilresolutionbc.ca.

Tony Gioventu is executive director of the Condominium Home Owners Association. Email [email protected].