Can a Saskatchewan Condo Board Ban Pets or Rentals in Your Unit?

If you own a condo unit, rules about pets and tenants can affect your daily life and your investment. You may already have a pet or tenant and worry that a new rule could change that, or you may be planning to rent out your unit.

This article explains what Saskatchewan law says about restricting leases, how bylaws are changed, and how to check your own situation. Pet rules in particular depend on the wording of your corporation's bylaws, so read them closely and confirm your position with a lawyer.

This article covers the law of Saskatchewan.

Where condo rules come from

The Condominium Property Act, 1993 and The Condominium Property Regulations, 2001 govern Saskatchewan condominiums. Each corporation also has its own bylaws, which set out day-to-day rules for owners and occupants. Those bylaws must work within the Act.

Rentals: what the Act says

Under The Condominium Property Act, 1993, no bylaw may prohibit or restrict the lease of units (s. 44(2)). In plain terms, a condominium corporation cannot use its bylaws to stop owners from renting out their units or to put limits on leasing.

How this applies to a particular rule or situation depends on the wording of the bylaw and your circumstances. If a board tells you that you cannot lease at all, ask which provision it relies on. It is worth confirming your position with a lawyer.

Pets: check your bylaws

Pet rules are a common bylaw topic, but what is allowed varies from one corporation to another. Some bylaws address the type or number of animals, while others are silent. Because the answer depends on the exact wording, you need to read the bylaws that currently apply to your unit.

If you already have a pet and the corporation proposes a new rule, the effect on an existing pet depends on how the rule is written and the facts. A lawyer can review the bylaw and tell you whether it applies to you.

How bylaws are changed

Bylaws can be amended by special resolution. The Condominium Property Act, 1993 and The Condominium Property Regulations, 2001 govern Saskatchewan condominiums, and one limit applies to any amendment: no bylaw may prohibit or restrict the lease of units. If an amendment is proposed, read it carefully and check whether it would prohibit or restrict the lease of units, because a bylaw cannot do that under s. 44(2).

What to do next

Before buying a resale unit, you can request an estoppel certificate from the corporation. It covers fee payment status, contribution amounts, insurance, and outstanding lawsuits or judgments against the corporation. For new condominiums, the developer must give the buyer a copy or description of the purchase agreement, bylaws, management agreement and condominium plan, among other documents. Reading the bylaws at that stage helps you avoid surprises about pets.

• Get a current copy of the bylaws and any recent amendments.
• Look for pet provisions and any proposed changes.
• Keep written records of any approval or permission you have received for a pet.
• If a rule seems to restrict leasing, ask the board for the provision in writing.
• Talk to a lawyer before you challenge a bylaw or a fine.

Frequently asked questions