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Can we make it a condition that occupants that wish to keep pets need to make an application?

Posted 20 May 2024

Category: Pets, By-Laws, eBooks

Yes. To ensure that there is compliance with certain conditions of a by-law or to ensure that pets will not cause unreasonable interference to the occupants’ use and enjoyment of their lots, a by-law can make it a condition that before a pet can be kept on a lot an application needs to be made and approved. The application must not ask questions which are not relevant to the protection of the occupants’ use and enjoyment of their lot from unreasonable interference caused by the keeping of an animal.

An owners corporation should be aware that Section 137B(5) of the SSMA states that an application will be considered to be approved if the owners corporation made a decision against the keeping of an animal but its decision to prohibit an animal was unreasonable. Furthermore, the same sub-section states that an owners corporation is said to have approved an animal if it was required to make a decision and did not do so within a reasonable time.

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This is an extract from our Bannermans Top 10 FAQ’s On Pets By-Laws.

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Bannermans Lawyers

Published 20 May 2024