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Everybody has a different idea of what ‘reasonable’ means but when a by-law says that the Owners Corp can’t unreasonably refuse a request to have a pet, whose definition do you go by?
“Is our best option to just write a letter to the owner’s corporation requesting permission to get a pet?’ asks Biologynerd. “Many people have suggested we need to say what type of dog, it’s size, age, behaviour etc – so do we just describe the dog we are hoping to get?”
Biologynerd goes on to say one of the executive committee members hates dogs, and will probably refuse the request: “We are trying to go about it the right way (friends tell us to just get the puppy and then ignore any angry letters etc).”
You have to write to the EC to get permission and the best way to get it is not to give them any reason to refuse. Do some research into what’s the best size and breed. Some bark every time someone walks past your door. Some are too aggressive to be allowed in any kind of community. There are plenty of websites around offering advice on this.
Remember, there are other by-laws that could see a badly behaved dog evicted even if you have permission, so choose carefully. Then make the reason you chose the dog part of your application.
Regarding the anti-dog EC member, his is just one vote but make it as easy as possible for the other members to say outvote him. If they refuse but don’t have a valid reason for doing so, they are breaching the by-law.
When all else fails, and you are sure you’ve done the right thing, the way to fight it may be to get the dog and let them come after you.
But don’t ignore the angry letters. Tell them to issue you with a Notice To Comply and you will happily go with them to mediation and adjudication because you are in the right.
Read the whole story HERE. To find websites advising on the best dogs for apartments go HERE and HERE and you will find a clever questionnaire that will direct you to the right choice for you HERE.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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