Can a condo corporation ban pets in Ontario?
Yes, an Ontario condominium corporation can restrict or prohibit pets through a provision in its declaration or its rules. A pet prohibition in the declaration is especially powerful and very difficult to remove. A pet restriction in the rules is somewhat easier to challenge but still enforceable if properly enacted.
However, there are important nuances. Ontario's Human Rights Code requires that corporations accommodate owners who need a service animal or an emotional support animal as a disability accommodation, even in a no-pets building. The accommodation must be granted unless it causes undue hardship to the corporation.
If you buy into a no-pets condo and then acquire a pet, the corporation can seek a compliance order through the courts or the Condominium Authority Tribunal. Courts have historically enforced pet prohibition clauses in declarations, and buyers who ignore them take on real legal and financial risk. Always read the declaration before purchasing if pets matter to you.
Key takeaways
- Pet bans in the declaration are generally enforceable and very hard to overturn.
- Pet restrictions in rules can be challenged by owners but are still legally binding.
- Service animals and disability-related support animals must be accommodated under the Human Rights Code.
- Read the governing documents before buying if you have or plan to have a pet.