Condo Pets and Legal Perils: How One Cat Sparked a Tribunal Case

In York Region Standard Condominium Corporation No. 1451 v. Chen, the condominium corporation (YRSCC 1451) sought relief against a unit owner, for violating the corporation’s pet provisions. YRSCC 1451 asserted that the unit owner allowed his cat to roam freely on the common elements of the condominium, including the exclusive-use areas of other owners, such as their balconies. This violated the condominium’s governing documents, which required pets to be kept under personal supervision and confined to the unit unless on a leash. Despite repeated reminders and notices from YRSCC 1451, the owner did not comply with these provisions.

Legal Issue

The primary legal issue before the Tribunal was whether the owner failed to comply with the pet provisions outlined in YRSCC 1451’s governing documents. The relevant provisions in YRSCC 1451’s declaration and rules were clear: pets must remain within the owner’s unit or, if outside the unit, must be leashed or in a cage. The cat’s unsupervised roaming in the hallways and on other unit owners’ balconies amounted to nuisance and a breach of these rules.

YRSCC 1451 further argued that the unit owner’s failure to comply with these provisions warranted the permanent removal of the cat from the condominium property. In support of this, the YRSCC 1451 cited the condominium’s governing documents, which allowed the board to deem a pet a nuisance and to require its removal if it disrupted the quiet enjoyment of other unit owners.

Tribunal’s Decision

The Tribunal decided in favor of YRSCC 1451, concluding that the owner had indeed violated the pet provisions. It was noted that YRSCC 1451 had provided clear evidence of the violations, including multiple instances of the cat roaming in the hallways and on balconies, all in breach of the governing documents. Despite receiving several formal warnings and compliance letters, the owner continued to allow his cat to roam freely, which the Tribunal found unacceptable.

Importantly, the Tribunal emphasized that condominium corporations have the right to enforce their governing documents under the Condominium Act, 1998. The Tribunal found that YRSCC 1451 had acted reasonably and transparently in attempting to enforce compliance before seeking the removal of the pet, giving the pet owner multiple opportunities to address the issue.

Consequently, the Tribunal ordered the owner to permanently remove the cat from the unit and awarded damages and costs to YRSCC 1451.

Conclusion

This case emphasizes the significant authority that condominium corporations have to enforce their governing documents. It is important that unit owners familiarize themselves with the condominium’s declaration, by-laws, and rules, including provisions related to pets. Failure to comply can result in serious consequences, including the removal of the pet from the property. On the other hand, condominium boards are obligated to enforce compliance but must act reasonably in doing so.

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