- Under the standard bylaw, you may keep one dog or one cat, among other limited options, unless the strata has passed its own pet bylaw.
- A strata can change its pet rules by passing a bylaw, which needs a 3/4 vote and must be filed in the Land Title Office.
- A pet bylaw that prohibits a pet does not apply to a pet already living with an owner, tenant or occupant immediately before the bylaw was passed, if that person was not in breach of an earlier ban and the pet continues to live there, and it does not apply to guide dogs or service dogs.
Whether you can live with a dog or cat in a strata building in British Columbia depends on the bylaws of that particular strata. Some allow pets freely, some limit them and some prohibit them.
This article explains the default rule, how a strata can change it, what protects a pet you already have, and what to check before you buy or move in.
This article covers the law of British Columbia.
The default rule: Standard Bylaw 3(4)
Unless a strata has its own pet bylaw, Standard Bylaw 3(4) applies. 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.
So under the default rule, a household with one dog or one cat is within the rules, but a second dog or cat is not. The rule covers tenants and occupants as well as owners.
Can a strata ban pets or limit them?
A strata can amend or repeal the standard pet bylaw 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 s. 128.
A bylaw is unenforceable to the extent it contravenes the Act, the regulations, the Human Rights Code or other law. If the wording is unclear or seems unfair, a lawyer can confirm how it applies.
What happens to pets you already have
If a bylaw prohibits a pet, it does not apply to a pet already living with an owner, tenant or occupant immediately before the bylaw was passed, as long as the person was not in breach of an earlier ban and the pet continues to live there. The date that counts is when the bylaw was passed, not when it was filed.
This protection is tied to the animal. The Province says a replacement pet must meet the new bylaw. If your pet dies or is rehomed, you may not be able to get another one.
Guide dogs, service dogs and accommodation
A bylaw that prohibits or restricts pets does not apply to a guide dog or service dog, or a retired guide or service dog on a team where the handler is an owner, tenant or occupant.
Stratas also have a Human Rights Code duty to accommodate disabilities, which may include therapy or companion animals. Whether a particular animal qualifies depends on the facts, so get advice if the strata is refusing a request.
- Guide and service dogs: the pet bylaw does not apply to them, but how this works in your building depends on your situation, so it is worth confirming the details before you act.
- Other animals: whether a therapy or companion animal must be accommodated depends on your circumstances, so it is worth confirming with a lawyer.
What to do next
If you have a pet or plan to get one, check the rules before you commit. A Form B Information Certificate discloses unfiled bylaw amendments, and the rules must be attached to it. The Land Title Office general index shows filed bylaw amendments.
- Get the current bylaws and read the pet section, not just the summary.
- Ask whether any bylaw amendment has been passed but not yet filed.
- Check minutes for any proposed pet bylaw vote, since an amendment needs a 3/4 vote.
- Keep records showing when your pet came to live with you, in case a new bylaw is passed.
- If you are buying, raise your pet with your lawyer before removing conditions.
- If you rent, check whether the strata's pet bylaw applies to you as a tenant.
Frequently asked questions
Can a BC strata ban all pets?
A strata can pass its own pet bylaw, which can replace the standard bylaw, but an amendment needs a 3/4 vote and must be filed in the Land Title Office. A ban does not apply to guide dogs or service dogs, and it must not breach the Human Rights Code.
If my strata bans pets, do I have to give up the one I have?
Generally not. A bylaw prohibiting a pet does not apply to a pet already living there immediately before the bylaw was passed, if you were not in breach of an earlier ban and the pet continues to live there.
How many pets can I have under the standard bylaw?
The standard bylaw allows 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. Your strata may have replaced this with its own bylaw.
Does the pet bylaw apply to tenants?
The standard bylaw covers owners, tenants and occupants. A strata's own bylaw may be worded differently, so read it carefully.
Sources
- Strata Property Act (BC Laws), Part 4 — bclaws.gov.bc.ca
- Province of BC – Paperwork for buyers and sellers — www2.gov.bc.ca
- Province of BC – Strata pet bylaws — www2.gov.bc.ca
- Strata Property Act (BC Laws), Part 7 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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