Condo Pet Bylaws

[pheoxs]

So our Condos bylaws state that pets are allowed, subject to board approval, and it lists out size/weight criteria. Given this we picked out a dog and brought him home then submitted an application which had all the proper info and was well within the guidelines. The condo board then denied the application claiming that pets are no longer allowed, however they have never sent out any amended bylaws. We've now had a lady on the condo board threaten to send us a fine if we don't get rid of our dog.

Is there anything we can do? Can the condo change the rules without actually amending the bylaws? Does the 'subject to board approval' really give them cause to blankly denial all applications or do they need reasonable justification? Is this something that could be taken to the Alberta tenancy board or is it a condo boards can do whatever they want.

Thanks.

[gwill]

The short answer is no the board can not deny you a pet if it's stated in the bylaws that pets are allowed. Do your bylaws state size restrictions and rules right in the bylaws or is it a pet policy that was created? Those are 2 different things. Many condos bylaws dont get that specific in them. If yours do that's awesome.

Now here's the unfortunate part. If it says board approval is required and they are saying no to you then thats that. Could you argue a technicality if they are saying no to all pets?? Maybe.

In this scenario you should have had approval for a pet before buying one. The board should have also given plenty of notice on the pets before hand. Pet applications can always be granted and revoked at anytime so even if they allow your pet thats not permanent.

Curious why a lady on your board is threatening a fine when its the property manager who should be contacting you?

If it were me I'd discuss with the property manager about this. Let them know you received no notice that pets wouldnt be allowed. I would hold them to your bylaws as they legally need to follow them. If they choose not to take it to small claims and sue them for the cost of the pet and the emotional stress in losing a family member. Place the dog with a friend who charges you $100 a day for room and board and send a massive bill to the condo board.

Sorry for your shitty situation. So many simple things that everyone involved in could have done to avoid this mess.

[pheoxs]

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The short answer is no the board can not deny you a pet if it's stated in the bylaws that pets are allowed. Do your bylaws state size restrictions and rules right in the bylaws or is it a pet policy that was created? Those are 2 different things. Many condos bylaws dont get that specific in them. If yours do that's awesome.

Now here's the unfortunate part. If it says board approval is required and they are saying no to you then thats that. Could you argue a technicality if they are saying no to all pets?? Maybe.

In this scenario you should have had approval for a pet before buying one. The board should have also given plenty of notice on the pets before hand. Pet applications can always be granted and revoked at anytime so even if they allow your pet thats not permanent.

Curious why a lady on your board is threatening a fine when its the property manager who should be contacting you?

If it were me I'd discuss with the property manager about this. Let them know you received no notice that pets wouldnt be allowed. I would hold them to your bylaws as they legally need to follow them. If they choose not to take it to small claims and sue them for the cost of the pet and the emotional stress in losing a family member. Place the dog with a friend who charges you $100 a day for room and board and send a massive bill to the condo board.

Sorry for your shitty situation. So many simple things that everyone involved in could have done to avoid this mess.

The pet application has a spot for the dogs license number, so its not really possible to fill it out entirely without already having said pet unless you just only fill out part of the application. (Unless I'm mistake and the license stays with the dog?) Whats also strange is they sent a blank pet application without stating any issues then after it was submitted stated that they had changed their policies.

Either way going to have to go to the condo board and try and see whats up, thanks for the info.

[gwill]

it is a bizarre sequence of events but when it comes to a pet you should have gotten a tentative approval on breed/weight first.

With that said a board must enforce their bylaws. Your bylaws seem to clearly allow pets with approval. Not sure how a board can deny a pet that fits within all the sizes/weights if it's in your bylaws.

You have every right to stand up to this non sense. If the board doesnt clearly explain their reasoning for ignoring the bylaws I would pressure them with the daily boarding costs to have your pet stay somewhere while you sue them over 6 months. You could make a good chunk of change.

[revelations]

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The pet application has a spot for the dogs license number, so its not really possible to fill it out entirely without already having said pet unless you just only fill out part of the application. (Unless I'm mistake and the license stays with the dog?) Whats also strange is they sent a blank pet application without stating any issues then after it was submitted stated that they had changed their policies.

Either way going to have to go to the condo board and try and see whats up, thanks for the info.

Unlikely you will be able to meet the board. They make it their business to not allow others into the meeting. In the 4 years I was on, we allowed 1 person to come in and that was under exceptional circumstances.

So many stupid boards and stupid PMs around. Their draft bylaws mean absolutely fuck all. If your pet meets the actual bylaw requirements, they cannot refuse if on those grounds.

NOTE - just because you didnt get the amended bylaws doesn't mean they weren't done. Check with PM to see what the status is of the latest bylaws.

[Rocket1k78]

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Curious why a lady on your board is threatening a fine when its the property manager who should be contacting you?

Agreed with everything you wrote but when i used to live in my condo i was constantly harassed by a neighbor across the street about bylaws and i eventually found out she wasnt even on the board and just a grumpy old bag.

sucks that this is happening but board approval is exactly that, you can try and talk to the condo board but id be surprised if that helped. Fuck i hate condo boards!!!!!!!

[gwill]

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Agreed with everything you wrote but when i used to live in my condo i was constantly harassed by a neighbor across the street about bylaws and i eventually found out she wasnt even on the board and just a grumpy old bag.

sucks that this is happening but board approval is exactly that, you can try and talk to the condo board but id be surprised if that helped. Fuck i hate condo boards!!!!!!!

I hate over bearing boards. Having been on so many boards for so many years its interesting to see how or why people get on the boards. Typically someone joins because their pissed off and don't have a clue what a board does. Then they see the day to day stuff we deal with and all the non sense and eventually settle down.

I hope the op updates what happens. His bylaws seem clear and the board seems to be overstepping. Only issue he facez is the board approval being needed.

[pheoxs]

Well the condo board sent a notice to my landlord that they have an unofficial rule of no pets and I have to remove the dog. Really shitty time of year to have to look for a new place? Hoping family might take him for a couple months I guess

[FraserB]

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Well the condo board sent a notice to my landlord that they have an unofficial rule of no pets and I have to remove the dog. Really shitty time of year to have to look for a new place? Hoping family might take him for a couple months I guess

So they sent a notice basically stating that there is no actual bylaw then? If that’s the case, why are you moving the dog?

[88CRX]

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So they sent a notice basically stating that there is no actual bylaw then? If that’s the case, why are you moving the dog?

Exactly. If you have something in writing stating they have 'unwritten rules' that probably helps your case.

Condo boards are the worst. Have you have issues/run ins with the board previously?

[lilmira]

unofficially remove the dog

[ee2k]

Bylaws are not changed at random by the board. They require voting by owners and must pass. Unless this has happened already and you were not privy to it, I call BS. Given that the information you are going by is the bylaws that you have at your disposal, ask for the relevant information and tread accordingly.

If your pet meets the weight and conditions set out in the bylaw, then perhaps you can put the pet with family and then apply as though it never existed.

Are there any units with pets in your building today?

[dirtsniffer]

Powers and Duties of Corporation
Control and management
37(1) A corporation is responsible for the enforcement of its
bylaws and the control, management and administration of its real
and personal property and the common property.

The board has a duty to enforce the bylaw. They cannot have a lower rule that takes precedence over the bylaw.

[gwill]

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Well the condo board sent a notice to my landlord that they have an unofficial rule of no pets and I have to remove the dog. Really shitty time of year to have to look for a new place? Hoping family might take him for a couple months I guess

Honestly shocked at your response after the posts by a few of us here. If your property manager tells you to sell your car will you? What if your property manager tells you to get rid of your gf/wife?

Based on your response theres no point in anyone offering any more advice when you won't do anything with it.

Your own posts contradict yourself. You said the bylaws were very specific then say there isn't any mention of pets.

[J-hop]

OP when you said “picked out” a dog did you get it through a rescue?

If so I’m interested what rescue this is and why they released a dog without documentation from the condo board permitting the dog to live there. Most are pretty careful about that

[revelations]

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Well the condo board sent a notice to my landlord that they have an unofficial rule of no pets and I have to remove the dog. Really shitty time of year to have to look for a new place? Hoping family might take him for a couple months I guess

Be polite, but tell them to pound sand. Unofficial rules mean fuck all. If they to enforce this, it will be tossed by any court. Our PM tried to dump all over a flop house-suite we had and the foreclosure lawyer was able to dump out about 1/2 of the fines we issued (from 12k down to 6k) due to technicalities like this and odd interpretations.

[pheoxs]

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Honestly shocked at your response after the posts by a few of us here. If your property manager tells you to sell your car will you? What if your property manager tells you to get rid of your gf/wife?

Based on your response theres no point in anyone offering any more advice when you won't do anything with it.

Your own posts contradict yourself. You said the bylaws were very specific then say there isn't any mention of pets.

What I'm struggling with is even if the condo board is wrong ... what avenue do I have? Try and fight them in court? I'm going to call the tenant advisory board and see but even the above people's advice was move the dog somewhere with a friend then fight it. Its a 4 month old puppy so as much as I love my family ... he won't be the same (they’ll spoil him and won’t be as active in training him) when we get him back after dealing with this. Also as supportive as my landlord has been through it, when it actually comes to fines being levied against her unit I'm not sure how far that support will go to allow us to fight things.

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OP when you said “picked out” a dog did you get it through a rescue?

If so I’m interested what rescue this is and why they released a dog without documentation from the condo board permitting the dog to live there. Most are pretty careful about that

We looked at rescues but didn't find any small breeds we liked at the time (hypoallergenic) so we got a mini schnauzer from a breeder.

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Be polite, but tell them to pound sand. Unofficial rules mean fuck all. If they to enforce this, it will be tossed by any court. Our PM tried to dump all over a flop house-suite we had and the foreclosure lawyer was able to dump out about 1/2 of the fines we issued (from 12k down to 6k) due to technicalities like this and odd interpretations.

The struggle with that is it still means incurring the fines, and going to court and hoping it works out in our favour?

After sleeping on it I think I'll talk to my landlord and just say we'll deal with the fines for the time being and try to fight it. Either way it'll buy us time until the spring and we can start looking if its too much hassle.

[gwill]

you can't fine someone if there is no bylaw. You have the same rights as an owner in the condo.. the condo Corp can not do as they please.

This won't go to court if the bylaws are not supporting what the board wants. It seems tho you don't know your bylaws for your condo as well as you thoight tho.

[revelations]

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you can't fine someone if there is no bylaw. You have the same rights as an owner in the condo.. the condo Corp can not do as they please.

This won't go to court if the bylaws are not supporting what the board wants. It seems tho you don't know your bylaws for your condo as well as you thoight tho.

The PM and the condo board members might just be stupid enough to push fine through, and then a caveat for non-payment..... the owner could then sue for time, costs, etc.

[bjstare]

Jesus that's a shitty situation. HOA/Condo boards are the MF'ing worst.

+1 for unofficial rules meaning absolutely dick. Tell them to FO, and tell your landlord that the building management is being unreasonable and she needs to help out.