Are Pets Allowed in BC Strata Buildings? Pet Bylaws Explained

If you share your home with a dog or cat, or plan to, strata rules can decide whether a particular condo works for you. Pet rules vary a great deal from one British Columbia strata to the next.

This article explains the default rules, how a strata can change them, the main exemptions, and what to check before you buy.

This article covers the law of British Columbia.

The default rule and how stratas change it

Under Standard Bylaw 3(4), owners, tenants and occupants may keep only a reasonable number of fish or small aquarium animals, a reasonable number of small caged mammals, up to two caged birds, or one dog or one cat.

A strata can amend or repeal that default at any time by passing its own pet bylaw and filing it in the Land Title Office. An amendment needs a 3/4 vote under section 128. So the pet rules in one strata can differ from those in the next, and exactly what your strata allows depends on its own bylaw.

Because each strata can set its own pet rules, the bylaws of the specific building you live in, or want to buy into, are what matter most. Reading them closely before you commit can save you a difficult conversation later.

Exemptions that may protect your pet

For the first exemption, the date that counts is when the bylaw was passed, not when it was filed. A replacement pet must meet the new bylaw. The exemption also depends on the pet not having been in breach of an earlier ban.

Whether an exemption applies to your pet depends on your situation and the exact wording of your strata's bylaw, so it is worth confirming with a lawyer if there is a dispute.

Limits on what a pet bylaw can do

A bylaw is unenforceable to the extent it contravenes the Act, the regulations, the Human Rights Code or other law, or restricts an owner's right to freely sell, lease, mortgage or dispose of a lot.

If a strata believes you have broken a pet bylaw, it may fine you only after receiving a complaint, giving you written particulars and a reasonable opportunity to answer, including a hearing if you request one. The bylaws must state a maximum fine. Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention.

If your tenant's pet is the issue, a fine against a tenant may be collected from the tenant, the landlord and the owner, up to the total fine.

What to check before buying

• The current bylaws and rules. Owners are entitled to bylaws, rules and meeting minutes, and an authorized person can request records for an owner.
• The Form B, which discloses unfiled bylaw amendments and outstanding notices and work orders. A buyer in the subject-removal period can ask for it.
• The Land Title Office general index, which shows filed bylaw amendments, court orders and special resolutions.
• Minutes of council and general meetings, which may reveal pet complaints or proposed bylaw changes.

If the strata has sections, the Form B should be requested from both the strata corporation and the relevant section.

Within one week of a request by an owner, a purchaser or a person authorized by either, the strata must give the requester a Form B. The fee is capped at $35 plus photocopying, with copies capped at 25 cents per page, and the strata may refuse to issue the certificate until the fee is paid.

For strata records, the strata must comply with a request within 2 weeks, or one week for bylaws and rules. Inspecting records is free, and copies are capped at 25 cents per page. If you are buying a new strata unit, the council must obtain certain records from the developer, so it is worth confirming these are in place.

What to do next

• Request the bylaws and Form B early, ideally before your subject-removal date.
• Compare the pet bylaw against the animals you have now and may want later.
• Ask whether any amendment is being voted on, using recent minutes.
• Keep records showing when your pet came to live in the unit, in case you rely on the exemption for pets already living there.
• If you rely on a guide or service dog, or need an accommodation for a disability, keep your supporting documents together.
• If a bylaw is unclear or a fine is proposed, get legal advice before you respond.

Frequently asked questions