Pet
vs non Pet Buildings and Resale Values?
A large number of condo dwellers seem to enjoy having pets.
Buildings aimed at a younger audience tend to allow them. Higher
end buildings and projects aimed at older more established
resident, usually forbid pets or have tight restrictions. Pet
Friendly buildings tend to be on the lower end of the resale
scale. Affluent buyers are adverse to purchasing a place that
was home to an animal. Common sense really explains this
phenomenon well enough.
Regardless of personal choice it makes some sense that a small
space is not well suited to animals. Potential buyers that do
not have pets usually assume they will need to change
carpets/flooring and generally raise their expected cleaning
costs. This will lower the price they are willing to pay for the
unit. In cooler markets, buyers will almost always choose a pet
free unit. Surprisingly this is often the case when the
potential buyer has pets themselves.
What
are the ground rules for pet owners?
Some condominiums prohibit pets
of any kind. Others may prohibit the number, type or size of
pets. All condominiums have rules governing the keeping of pets
which if broken can lead to an order for the permanent removal
of the pet from the complex. If you have a pet make sure you
understand what the rules are.
Pet owners need to ask themselves
if sharing a small space with animals is really a good idea. If
that's your thing then be prepared to keep your pet away from
other residents in common areas as not everyone loves animals
and this is one of the most heated and common battles amongst
residents. As with any shared space, respect is the key element
to peace.
Pet Rules Enforcement
Condominium corporations that
have a good set of rules and who apply them in a consistent and
fair manner should have little difficulty enforcing them against
those few owners who won't live up to the community's standards.
In those cases where, as a last resort, it becomes necessary to
take legal action condominiums can utilize s.49 of the Act
which, among other things, allows the corporation to apply to a
Judge for an order directing the nonconforming resident to
comply with the rules.
The ability of condominiums to
enforce their rules received a tremendous boost from the Ontario
Court of Appeal when it rendered its decision on the case of
York Condominium Corp. No. 383 v. Dvorchik, (1997). This case
involved a high-rise condominium that had a rule which prohibited
pets in the building which weighed more than 25 pounds. The
corporation had already successfully enforced this rule against
an owner in 1988, and were understandably upset when in a 1992,
decision another Judge refused to uphold it on the grounds that
it was unreasonable. On appeal the corporation was successful in
obtaining an order for the removal of the pet. What was so
significant about this case were the strong statements made by
the Court of Appeal in rendering their decision.
The Court of Appeal stated that,
"...a court should not substitute its own opinion about the
propriety of a rule enacted by a condominium board unless the
rule is clearly unreasonable or contrary to the legislative
scheme. In the absence of such unreasonableness, deference
should be paid to rules deemed appropriate by the board charged
with responsibility for balancing the private and communal
interests of the owners. "
Court went on to state that, "...The
threshold for overturning a board's rules reasonably made in the
interests of unit owners is a high one..."
Home