Changing strata/condo board bylaws

Changing Strata/Condo Board Bylaws

If you and your pet are targeted by BSL by a landlord or condo/strata board, you'll have to consider whether you focus on your individual case or attempt to change the underlying bylaw. Perhaps you can do both!

​If you are targeted by existing BSL

Say you receive notice that your dog has been identified as a targeted breed. Take a deep breath and don't put anything on record right away. Some tips:

1. Make sure you are personally familiar with the bylaws. Ask for written copies of the bylaws, any meeting minutes that apply to your case or similar cases, and written notice of the alleged violation. You will likely be asked to remove the dog by a certain date.

2. Consider consulting a tenancy board and/or a lawyer at this stage. There are animal law and property lawyers who have likely worked on these cases before. You can hire them for a consultation and perhaps to write a letter on your behalf - this shouldn't be a large expense.

3. If you choose to deal with the situation directly, ask how breed identification was determined, and if you choose to contest it, what they would accept as proof of breed. Visual identification is flawed, and chances are that anyone pointing to your dog as a "pit bull" or other breed is no expert in canine physiology. Sometimes adoption paperwork, a vet letter, or a DNA test will be accepted as proof of breed. 

4. If you don't dispute the breed identification itself, you have a few options.

   • You can seek legal counsel, as mentioned above, to take a closer look at the legislation and your situation.

   • You can try to negotiate an exemption. If the concern is that your dog is inherently more dangerous, you could offer to muzzle the dog in the building, or purchase additional liability insurance.

   • You could move or re-locate your dog temporarily or permanently.

   • You can try to have the legislation changed.

​If you resided in your building before any pet restrictions were implemented, your pet should be “grandfathered in” and be allowed to remain in the building. If this is not permitted consult your local tenancy board for clarification.

​Moving toward breed-neutral legislation

If your strata, building, or management council has BSL in their governing bylaws, or if they are proposing it, we encourage you to take action. 

1. Do some research. Find out where the concerns are coming from and whether a specific person or incident underlies them, and see if this can be addressed directly and respectfully. Sometimes BSL is implemented in response to a specific situation, but other times it may be as simple as a "copy and paste" of an older bylaw.

2. If there seems to be a base of support for these restrictions, ask to make a presentation at the next AGM or strata meeting. While there aren’t a lot of research on best practices around pet management in strata properties, you may want to read through sample municipal bylaws and see if some language can be adapted. Targeting owner behaviour and known risk factors is much more effective than attempting to police animals based on their appearance. The BC SPCA also has a Strata Council Guide that can be downloaded from their site.

3. Consider bringing in the experts. Contact your local animal control department, SPCA branch, trainers or animal behaviour experts. They may be able to provide a statement or presentation in support of breed-neutral pet policies. Depending on the political and community climate, the strata council may be more inclined to listen to an objective expert. If appropriate, perhaps an “ambassadog” or certified therapy dog can attend the meeting so that people can see what should be obvious – a dog is a dog, regardless of labels.

4. If contention remains, consider going door-to-door and talking with neighbours directly. Ask them to sign a petition or letter indicating their opposition to unfair pet restrictions, and their support of a high standard of ownership for all pets. If the matter comes to a vote, personally encourage them to participate.

5. You could consider approaching local media. The story might be attractive if it is especially controversial, topical, or if you can attach a "human interest" element - for example, if someone risks losing their housing because of a well-behaved pet.
    

Along with the usual arguments against breed-specific legislation, there’s an additional point worth driving home in this context: pet restrictions may decrease property value. Many people have pets – even those in the smallest condos. Particularly in tight housing markets, people are willing to pay more for a place where they can live with their pet.