Are Pet Restrictions Enforceable in Toronto Condos?

According to census data, there are over 25,000 licensed cats and nearly 55,000 licensed dogs in Toronto. And those are only the ones that the city officially knows about! Those stats don’t include the birds, reptiles and rodents (such as hamsters) that many residents also keep as pets.

Given our love for animals, pet regulations come up very often when looking for a condo. About one in four of my clients are pet owners. So I understand the struggles of looking for a property when there’s a furry friend we must also consider.

What are the most common pet regulations?

Fortunately, very few condos have a building-wide ban on pets. Based on my last count, I’d say fewer than a dozen. But for the majority of condos that do allow pets, they virtually all have some restrictions.

They’re usually:

• A cap on the number of pets; maximum of 2 cats and/or dogs
• Restrictions on ‘high-risk’ breeds, such as Pit Bulls
• Maximum size; usually around 25lbs - 50lbs
• No breeding allowed inside a unit

And then of course, you have general rules in place to ensure common courtesy towards fellow residents. These rules include picking up after your pet, using a leash, and preventing excessive barking.

Are these regulations enforceable by law?

This is a tricky one. The answer is yes and no. All pet-owning condo owners should strive to maintain a courteous and comfortable atmosphere for their neighbours. But how condos enforce their pet by-laws can differ from building to building.

Some condos are very stringent, while others don’t enforce their pet rules at all. For instance, I once asked a property manager how her building enforces pet weight restrictions. She looked at me with a bit of a grin and replied, “Do you see me walking around with a weight scale?”

Meanwhile, the majority of condos that do enforce the rules using a ‘warning’ system instead, whether it's verbal or written. It’s usually after three warnings that management will try to evict your pet from the condo. But the question is — can they even do that?

Yes, they can actually. If they’re really motivated, they can. And that’s especially true if they get lawyers involved. It should be noted that this is a time-consuming route. But if they win, they may be entitled to a monetary settlement. For example, a condo owner may be required to pay the board’s legal fees. The building could also register a lien against the owner’s unit.

Long story short — a condominium cannot legally force you to sell your unit. But if they win a court case, you’ll have to move out or find your pet another home.

What if I purchase a unit in a ‘no-pet’ condo?

Let’s say you’ve bought a unit in one of those (very few) condos that ban all pets. So what happens if you already have a pet, or plan to own one in the future?

Some of my clients with animals will simply live with them, and pray for the best. The only issue with this is if you have a nosey neighbour who reports you to management. In this case, you will likely receive a written statement that you’re violating condo regulations. You’ll then have two options:

• Appeal to the board to lift the pet ban altogether
• Seek legal action
• If eligible, apply for an emotional support or service animal certification

That last bullet offers a lot of pet owners a bit of a loophole. If you can secure an emotional support or service animal certification for your pet, that certification should legally supersede a condo by-law that stipulates your pet does not qualify to live in the condo.

Overall, because most condos do allow pets, it’s simply not worth the hassle to purchase in one of the few condos that have a blanket ban. Would you really want to buy in a building that turns away the approximate 25% of interested buyers and renters that have pets? That would only serve to lower demand for a condo, and thereby lower the property values. A blanket pet ban, in my opinion, suggests the condo board is shortchanging the entire building.

My best advice is to seek out condos that don’t discriminate against your pets. You can be certain of this by asking your agent to verify through management or the condominium status certificate.

I hope this article has been informative! If you’d like to learn more, reach out anytime for a no-obligation discussion about your property search.

You can call me at 647-272-5084 or send an email to andrew.brunner@strata.ca. I’m always happy to help!