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Tuesday April 2 2024

Dogs in co-ownership: prohibited but not always excluded

Be aware that even if your declaration of co-ownership formally prohibits the presence of animals, there are certain exceptions where it would be impossible for a syndicate to refuse access to an animal.

A hot topic in co-ownership that keeps people talking !

Boards have to deal with two clans. On the one hand, animal lovers, on the other, those who fear them and those who are annoyed by them. Cohabitation with our four-legged friends can sometimes be a source of tension.

But is it possible to completely ban the presence of dogs or animals in a condominium? The answer is no.

Declaration of co-ownership – Regulation of the building: rules and exceptions

Most declarations of co-ownership provide for a regulation on the presence of animals in the building and common areas. Some limit the size of the animal, but most agree that pets are allowed, except pests. Excessive barking, droppings not picked up by dog owners and aggressive behavior are the main canine nuisances found in condos.

Anti-barking collars, training and responsibility: solutions for harmonious cohabitation

Anti-barking collars can deter unwanted barking.

To my knowledge, two types are offered: the collar that propels a spray of lemongrass and the one that gives small shocks. I personally tried these two types of anti-barking collars with my dog. I found that my dog liked lemongrass, which was not effective! However, the second option worked very well. Models allow different intensities on a progressive basis.

Training and sensitizing owners to the needs of their animals are also effective solutions.

The syndicate could initially encourage these practices and propose to the owner of the dog to have a device to counter the barking of the dog. Of course, it will be up to the owner to pay and take steps to address the problem.

Penalities and sanctions

The syndicate can also impose penalties for non-compliance. These penalties can be a great incentive to stop the nuisance caused. The goal is to empower owners and encourage compliance. To find out how to implement a by-law or to draft a regulation adapted to the needs of your syndicate, contact your manager or SolutionCondo’s technical department.

Service dogs and assistance dogs: Legal exceptions

Be aware that even if your declaration of co-ownership prohibits the presence of animals, there are exceptions for which it would be impossible for a syndicate to refuse access to an animal.

This is the case for service and assistance dogs that are allowed. They accompany people with reduced physical or mental abilities and are trained to perform specific tasks to meet targeted needs for these people.

In order to identify if the animal is recognized as a service or assistance dog, the Office des personnes handicapées du Québec mentions that a service dog should have an identity card with the photo of the animal on it, the name of the owner and the name of the training school.

However, it is not just service dogs that are the exception.

Emotional support animals: a specific case

Upon medical recommendation, a person may use a pet for emotional support. A doctor’s note may justify its presence in the condominium, even if a regulation prohibits it.

For more information, please visit consult the Website: cliquezjustice.ca which covers human rights, discrimination and service animal rights in Canada.

The crucial role of the syndicate and of the manager

The syndicate must adopt a clear and precise regulation on animals in co-ownership.

The manager, meanwhile, must ensure its application and ensure that animals do not interfere with the tranquility of residents.

The manager can also act as an intermediary between pet owners and those who do not like animals.

In conclusion

Cohabitation with dogs in co-ownership is possible, but it requires a commitment on the part of all, clear rules, an open dialogue between residents and the involvement of the syndicate and the manager.

In conclusion, even if the syndicate makes efforts to change the regulations of the building and prohibits the presence of canine species, it will be difficult to ban all dogs.

The role of the board of directors will be to ensure that the animals do not interfere with the enjoyment of other residents of the building.

Your manager will guide you to put in place the key elements and allow a better harmony within your condominium syndicate, an environment in which dogs and other residents can coexist peacefully.

Valérie Vincent
Director Technical Projects