Tony Gioventu
Sun
Dear Condo Smarts: I recently leased an apartment in a downtown highrise.
I made an effort to ask all of the pertinent questions of the building manager and the landlord to ensure I would have no problems.
Today I just received notice that the strata prohibits pets and that we have to remove our dog from the building immediately.
We had no indication that pets were not allowed.
When we spoke with the manager, we had our dog
on a leash with us and discussed the walking locations nearby.
We are committed to a three-year lease.
Do pet bylaws apply to renters?
What do we do now?
— Gary, Vancouver
Dear Gary: It makes no difference whether you are an owner, tenant, landlord, visitor, house sitter, commercial investor, in an apartment building, bare land strata, townhouse or storage facility.
Properly ratified bylaws that have been filed with Land Titles are enforceable.
Tenants have no special privileges — the bylaws are applied in the same manner with any residents or visitors.
Like purchasers, tenants should also review the bylaws and rules before they sign.
When you agreed to the lease you should have been given the bylaws and the rules along with a request to sign a
Form K.
This form indicates, on the one hand, that you have received the bylaws and rules and on the other hand that your tenant information is given to the strata.
As part of the enforcement of the bylaws, the strata can ultimately obtain a court order to remove the pet.
However, if the bylaws were not properly disclosed — as it seems they weren’t — you may want to speak to a lawyer regarding the terms of your lease and negotiate with your landlord.
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA).
Contact CHOA at 604-584-2462 or toll-free 1-877-353-2462, fax 604-515-9643 or
e-mail [email protected].
© The Vancouver Province 2005
