*Comments on Chown v FCC 19
Are Pet Prohibitions in Condominium Bylaws and Rules Permitted?
The short answer: yes, under certain circumstances. If there is a reasonable justification for a complete prohibition, it can be upheld as valid.
In the recent case of FCC 19 v Chown, our firm successfully argued that a pet prohibition within a bylaw and rule was reasonable and enforceable, even though the condominium’s declaration did not contain the same prohibition. However, some commentators have noted that the decision lacks certain contextual details necessary to fully understand the Tribunal’s reasoning. This blog aims to provide that additional context, as we believe this case helps clarify a long-standing question in condominium law.
Historical Context: The Melanson Decision
The issue of pet prohibitions in bylaws dates back to at least 1976, when York Condominium Corporation No. 42 v Melanson was decided. That ruling confirmed that a pet prohibition in a declaration is valid and enforceable. However, it left open the question of whether a similar prohibition in a bylaw or rule could also be considered reasonable and, therefore, enforceable.
In Melanson, YCC 42’s Board passed a bylaw completely prohibiting pets. While the Board had the authority to enact bylaws restricting unit use to prevent unreasonable interference with other residents, the Court found that this authority was limited. The Court determined that YCC 42 could have permitted certain animals without causing unreasonable interference. As a result, the complete prohibition was deemed excessive and was invalidated.
Addressing the Open Question in Chown
The Melanson ruling left room for debate: could there be circumstances where a complete prohibition in a bylaw might be reasonable and valid? The Condominium Authority Tribunal (CAT) addressed this in Chown, and we argued that a complete prohibition was justified in the unique circumstances of FCC 19.
FCC 19 was originally constructed as a set of three heritage buildings (circa 1890-92) and later converted into a condominium in 1986. A disclosure statement from 1985 explicitly stated that FCC 19 was designed to be a pet-free building. Supporting evidence included:
- Two hard copies of the disclosure statement found in FCC 19’s records and from an original purchaser.
- Testimony from an original purchaser confirming the condominium was marketed as pet-free.
- The absence of a pet prohibition in the declaration appeared to be an oversight.
To address this discrepancy, the Board passed a bylaw in 1987 instituting the pet prohibition. Notably, the Declarant still owned at least one unit at the time. The bylaw has remained registered and enforced since then, meaning all current owners purchased their units with knowledge of this restriction.
Additional justifications included:
- A resident with a life-threatening pet allergy relied on the pet prohibition when purchasing their unit.
- The building’s heritage construction lacks adequate air exchange and ventilation to prevent pet-related allergens and odors from spreading between units.
- Insufficient noise attenuation makes it difficult to prevent pet noises from disturbing other residents.
- The small interior common areas pose a risk for residents encountering pets in tight spaces.
- A 2023 owner survey showed no clear majority interest in removing the prohibition. The Board deemed the bylaw and rule reasonable and decided to maintain them.
The CAT’s Ruling
The CAT agreed with our position, emphasizing that the Board was entitled to deference in assessing the needs of its community. The Board had carefully considered the unique circumstances of FCC 19 and determined that a complete prohibition was necessary for the safety, security, and welfare of its residents. Importantly, the existence of alternative reasonable approaches—such as permitting pets with certain conditions—did not automatically render the prohibition unreasonable.
This ruling confirms that there are indeed situations where a complete prohibition in a bylaw and rule can be considered reasonable. The key takeaway: pet prohibitions in condominium bylaws and rules can be valid if they are supported by a well-reasoned justification based on the specific needs of the community.
November 27, 2024 | Melinda Andrews Click to read