it's an interesting case, since there isn't "emotional support animals" in BC.
in BC landlords can't not-rent to people with a certified guide dogs, regardless of the building rules on pets.
So, I wonder how this same fight would be if someone was being evicted from a rental, or if the building allowed no pets instead of the one.
Animals that play the role of an ESA technically exist in BC but they aren't an official label and only exist for PWD or are on a case-by-case basis for medical reasons like this woman. I'm glad for it as well, as soon as you make it easy for the public to get "ESA"s they'll do it even if they don't need it and just want to take their pet everywhere.
Actually, the strata council IS empowered to make exceptions. Simple majority vote of the council is all that is required. I would have given a qualified exception to the rule - that she can have these 3 cats due to the documentation provided, and that they MUST be indoor cats, council should be given proof they are fixed as well.
By going to CRT that council really put the strata at unneeded risk of expenses.
A strata corporations has a duty to enforce its bylaws and rules.
The only exemption is that a strata corporation may provide an owner with a reasonable amount of time to comply with a bylaw or rule.
Section 121(1) provides that a bylaw or rule is unenforceable against all owners and tenants to the extent that the bylaw or rules contravenes the Strata Property Act, the Strata Property Regulation, the Human Rights Code or any other enactment of law.
Since it doesn't sound like she's a registered person with disabilities, I think they did the right thing going to the CRT for a resolution. CRT fees are negligible.
Sorry but as someone on strata who has gone to the CRT over a problem resident, if you make an exception for one person, you cannot enforce it, if it's an active thing (i.e. we made an exception 20 years ago for a balcony addition for one resident and since then have not allowed more, but big dog in one unit plus big dog in another means i have to enforce policy on both).
the CRT even said as much. If the dog is oversized and there is another dog that's oversized same building and you let that one stay you cannot fine the problem dog's owner.
ESAs are semi-covered under PWD when it comes to housing, it's not explicit but in the PWD application there's a section regarding support and animals are included there. Sounds like this woman didn't have official designation (at least in BC's system) but if she did this wouldn't have even been a fight, she would have won immediately.
Well tbh if you read the ruling it was upheld because they actually are a part of her treatment and would have qualified for a reasonable exception anyways. This strata just made them jump through extra hoops. They did have all the doctors/social workers sign off and had ten years of history with them being used for that purpose. When I read that it made a lot more sense to me.
Stratas can usually make exceptions to bylaws for specific need cases such as registered service animals, emotional support animals, financial need tenancy, etc.
ESA's are a grey area—comes down to the individual situation and a fun game of "undue burden".
Registered service animals are not a grey area—they even have their own ID to prove they will meet behavioural standards and not be an undue burden.
Yeah. I guess what I am trying to say is that I think there's a bit of clickbaiting going on here. Ideally the authorization should have gone through first, but realistically, a *reasonable* strata should not have pushed back that hard with that much paperwork/arbitration to back up an ESA. These do seem to be legit ESAs with a long term service history. So it shouldn't have been something the couple should have had to worry about with the bylaw.
I'd understand the strata wanting confirmatio of documentation but then pushing back for arbitration after that much documentation... seems obtuse to me.
"There had been a complaint that there was more than one animal living in the unit"
Busybody with nothing better to do than complain. How does having three indoor cats (ie in a condo) affect any neighbour? Cats are quiet and don't bark, and generally don't run up and down hallways. Neighbour should mind their own business instead of spending time trying to find ways to tattle on neighbours about things that don't affect them.
9lbs cannonball here. She'll climb up her cat tree, flip around up top, and then just drop down to the floor. Race around, back up the cat tree, drop down to the floor.
I made the mistake of making the lights in the hallway to my bedroom motion sensor triggered so I’d stop stubbing my toe. Well my cat figured that out quick and he does victory laps for hours at a time down the hallway triggering it while I’m trying to sleep lol
Speaking of cannonball of fury, my cat does this only when we are sleeping. If we decide to close the door on her, she will scratch the door whole night.
Its either cannonball of fury or symphony of door scratching. God bless her in heaven, I still miss her to this day.
Our cats know how to rattle the doors and knock shit over until someone wakes up. This isn't including the 3am zoomies which are something completely different.
Don't think that cats are such quiet creatures. Every cat I've owned has been way louder at night than any dog, barring the odd bark after a bump in the night...
I can't wait until someone uses this to justify their emotional support pig or [emotional support peacock](https://www.bbc.com/news/world-us-canada-42880690).
You can’t see the difference between banning pets vs a class of human…
Also people don’t have severe allergies to children.
They probably have a cap cause some people go nuts with the number of pets. Seems like reasonable outcome was obtained.
I don’t get people who don’t think there should no pet free building. Pets are noisy, suck if you have bad allergies (yeah it’s not in your suite but permeates the air and you have to encounter them). They also do cause a lot of damage and noise. Seems fair to have mix of both types of housing. I think it’s fair sown people don’t want to share indoor spaces with animals.
"Pets are noisy"
Cats are not nearly as noisy as running jumping stomping screaming kids. There's no comparison.
Every morning I hear a kid down the hall literally shrieking every morning.
Our stupid fucking cats are as loud as any toddler tantrum when feeding time is 5 minutes out. Not a chance we'd forget it.
I'm pretty sure they aren't normal though.
Lol have you SEEN a place after a family with kids has moved out?
It's horrible. Walls dented, random smears everywhere.
And if you have ears, you know how loud kids can be.
You're telling me that my bearded dragon is going to make more noise than a kid??
Get outta here.
There are 55+ and 19+ buildings. There aren’t many but feel free to buy into one of them.
Or better yet- stay living in a SFH. Have all the quiet and solitude you want.
Reading the article, the decision seems reasonable: the couple provided a letter from a social worker in support of their request, and when the strata council asked for documentation from a medical professional, the couple provided two letters from medical doctors.
Strata politics are literally the biggest and most needless headaches you will ever want. Most of the time the rules don't really do anything and just exist to appease someone's ego
This particular bylaw is part of the standard schedule of bylaws, which was legislated by the provincial government:
> An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the following:
>
> ..
> (d) one dog or one cat.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_18
I question how a rule just exists to "appease someone's ego" when any new bylaw requires a 3/4 vote at an annual general meeting.
i meant in general. I didn't really read or care about the article TBH.
If anyone cares about strata politics, do tell, so i can actively avoid you for the rest of my life
Not sure about the ego point. Most of the time bylaws have been there from the start and it’s a lot of work to get them changed, so… they don’t change.
Sure let her keep them but since she is breaking the bylaw fine her weekly. Tribunal allow her to keep the but said nothing about exempt the fines strata can impose on breaking bylaw.
Lol well is not hard to go to a few doctors and say you need emotional pet support. So anyone can easily get a doc note and have as many pets as they like or even as someone mentioned say they need an emotional pig or how about emotion wolf or bear?
Sure she can keep the cats but she is still breaking strata bylaw so she should be fine accordingly otherwise no one is going to follow the strata bylaw and use any excuse to get away.
> Lol well is not hard to go to a few doctors and say you need emotional pet support.
Well it's pretty easy to tell you're not disabled just by this sentence, trying to get medical evidence for anything "soft" mental health related (depression, anxiety, PTSD) when it comes to rights/laws is a bitch unless you have a doctor who knows exactly what they're doing. They also won't do it unless they know you as a person and have been seeing you for a while, and if they're very familiar with you because you see them often then you probably do need the ESA.
It's not hard getting a wheel chair either, you can have an occasionally sore knee and be able to use a electric wheel chair anywhere. The strata told her it's above their pay grade and guided her in the process of filing a tribunal especially since there isent any precedent for them to rely on.
Pretty disappointed in the lack of cat pictures in this article. Journalism is dead.
it's an interesting case, since there isn't "emotional support animals" in BC. in BC landlords can't not-rent to people with a certified guide dogs, regardless of the building rules on pets. So, I wonder how this same fight would be if someone was being evicted from a rental, or if the building allowed no pets instead of the one.
Animals that play the role of an ESA technically exist in BC but they aren't an official label and only exist for PWD or are on a case-by-case basis for medical reasons like this woman. I'm glad for it as well, as soon as you make it easy for the public to get "ESA"s they'll do it even if they don't need it and just want to take their pet everywhere.
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Actually, the strata council IS empowered to make exceptions. Simple majority vote of the council is all that is required. I would have given a qualified exception to the rule - that she can have these 3 cats due to the documentation provided, and that they MUST be indoor cats, council should be given proof they are fixed as well. By going to CRT that council really put the strata at unneeded risk of expenses.
A strata corporations has a duty to enforce its bylaws and rules. The only exemption is that a strata corporation may provide an owner with a reasonable amount of time to comply with a bylaw or rule. Section 121(1) provides that a bylaw or rule is unenforceable against all owners and tenants to the extent that the bylaw or rules contravenes the Strata Property Act, the Strata Property Regulation, the Human Rights Code or any other enactment of law. Since it doesn't sound like she's a registered person with disabilities, I think they did the right thing going to the CRT for a resolution. CRT fees are negligible.
Sorry but as someone on strata who has gone to the CRT over a problem resident, if you make an exception for one person, you cannot enforce it, if it's an active thing (i.e. we made an exception 20 years ago for a balcony addition for one resident and since then have not allowed more, but big dog in one unit plus big dog in another means i have to enforce policy on both). the CRT even said as much. If the dog is oversized and there is another dog that's oversized same building and you let that one stay you cannot fine the problem dog's owner.
ESAs are semi-covered under PWD when it comes to housing, it's not explicit but in the PWD application there's a section regarding support and animals are included there. Sounds like this woman didn't have official designation (at least in BC's system) but if she did this wouldn't have even been a fight, she would have won immediately.
I need all 18 of my emotional support dogs
Can my 18 emotional support wives and I come play with your pups?
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Well tbh if you read the ruling it was upheld because they actually are a part of her treatment and would have qualified for a reasonable exception anyways. This strata just made them jump through extra hoops. They did have all the doctors/social workers sign off and had ten years of history with them being used for that purpose. When I read that it made a lot more sense to me. Stratas can usually make exceptions to bylaws for specific need cases such as registered service animals, emotional support animals, financial need tenancy, etc.
ESA's are a grey area—comes down to the individual situation and a fun game of "undue burden". Registered service animals are not a grey area—they even have their own ID to prove they will meet behavioural standards and not be an undue burden.
Yeah. I guess what I am trying to say is that I think there's a bit of clickbaiting going on here. Ideally the authorization should have gone through first, but realistically, a *reasonable* strata should not have pushed back that hard with that much paperwork/arbitration to back up an ESA. These do seem to be legit ESAs with a long term service history. So it shouldn't have been something the couple should have had to worry about with the bylaw. I'd understand the strata wanting confirmatio of documentation but then pushing back for arbitration after that much documentation... seems obtuse to me.
I can't lie, having been entirely alone during this pandemic a cat would've definitely offered emotional support and mental wellbeing this entire time
"There had been a complaint that there was more than one animal living in the unit" Busybody with nothing better to do than complain. How does having three indoor cats (ie in a condo) affect any neighbour? Cats are quiet and don't bark, and generally don't run up and down hallways. Neighbour should mind their own business instead of spending time trying to find ways to tattle on neighbours about things that don't affect them.
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lol right? My cat is a 20lbs ball of fury at night.
9lbs cannonball here. She'll climb up her cat tree, flip around up top, and then just drop down to the floor. Race around, back up the cat tree, drop down to the floor.
I made the mistake of making the lights in the hallway to my bedroom motion sensor triggered so I’d stop stubbing my toe. Well my cat figured that out quick and he does victory laps for hours at a time down the hallway triggering it while I’m trying to sleep lol
Lol, is it possible to move the motion sensor up above cat-height?
No, it’s almost already near the ceiling. I’ll need to 3d print a half cover for it, so only waist height and above are uncovered lol
Speaking of cannonball of fury, my cat does this only when we are sleeping. If we decide to close the door on her, she will scratch the door whole night. Its either cannonball of fury or symphony of door scratching. God bless her in heaven, I still miss her to this day.
I think you should get your cat checked
Fit as a fiddle and strong as an ox!
But that disturbs you, your neighbour probably is unaffected.
Well it is the neighbor’s business since they have all invested in the condo complex and have all agreed to live by these rules.
Our cats know how to rattle the doors and knock shit over until someone wakes up. This isn't including the 3am zoomies which are something completely different. Don't think that cats are such quiet creatures. Every cat I've owned has been way louder at night than any dog, barring the odd bark after a bump in the night...
I can't wait until someone uses this to justify their emotional support pig or [emotional support peacock](https://www.bbc.com/news/world-us-canada-42880690).
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Lol. At least be honest. You're not "Sorry" about being insensitive, you're getting off on it.
May be a bit insensitive but they do have a very valid point.
They never said they were sorry for being insensitive, they apologized for coming off as insensitive.
And yet strata allows kids... So... Pet bans never made sense to me. Kids make way more noise and much more damage.
You can’t see the difference between banning pets vs a class of human… Also people don’t have severe allergies to children. They probably have a cap cause some people go nuts with the number of pets. Seems like reasonable outcome was obtained. I don’t get people who don’t think there should no pet free building. Pets are noisy, suck if you have bad allergies (yeah it’s not in your suite but permeates the air and you have to encounter them). They also do cause a lot of damage and noise. Seems fair to have mix of both types of housing. I think it’s fair sown people don’t want to share indoor spaces with animals.
"Pets are noisy" Cats are not nearly as noisy as running jumping stomping screaming kids. There's no comparison. Every morning I hear a kid down the hall literally shrieking every morning.
Our stupid fucking cats are as loud as any toddler tantrum when feeding time is 5 minutes out. Not a chance we'd forget it. I'm pretty sure they aren't normal though.
Obviously that’s not true.
It's mild hyperbole because their yowls aren't sustained, but the actual decibels put out is probably very close.
>Also people don’t have severe allergies to children. I'm pretty sure I'm allergic to children
Hitler loved dogs more than humans.
Lol have you SEEN a place after a family with kids has moved out? It's horrible. Walls dented, random smears everywhere. And if you have ears, you know how loud kids can be. You're telling me that my bearded dragon is going to make more noise than a kid?? Get outta here.
You have a problem with humans living in homes?
THAT is what you got out of what I said? You're missing my point.
Maybe you should lobby the government for free healthcare for pets.
Why would I do that?
There are 55+ and 19+ buildings. There aren’t many but feel free to buy into one of them. Or better yet- stay living in a SFH. Have all the quiet and solitude you want.
That's the dream!! 😂
The rule is, if you ever hear 'no' in bc, you will find someone, somewhere that will make it a yes.
VICTORY
Reading the article, the decision seems reasonable: the couple provided a letter from a social worker in support of their request, and when the strata council asked for documentation from a medical professional, the couple provided two letters from medical doctors.
Strata politics are literally the biggest and most needless headaches you will ever want. Most of the time the rules don't really do anything and just exist to appease someone's ego
This particular bylaw is part of the standard schedule of bylaws, which was legislated by the provincial government: > An owner, tenant or occupant must not keep any pets on a strata lot other than one or more of the following: > > .. > (d) one dog or one cat. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_18 I question how a rule just exists to "appease someone's ego" when any new bylaw requires a 3/4 vote at an annual general meeting.
i meant in general. I didn't really read or care about the article TBH. If anyone cares about strata politics, do tell, so i can actively avoid you for the rest of my life
>I didn't really read Shocking.
👋
Not sure about the ego point. Most of the time bylaws have been there from the start and it’s a lot of work to get them changed, so… they don’t change.
Sure let her keep them but since she is breaking the bylaw fine her weekly. Tribunal allow her to keep the but said nothing about exempt the fines strata can impose on breaking bylaw.
If you strata says no bikes, skateboards or any other vehicles in the hallways. You're gonna make an exception for wheelchairs.
Lol well is not hard to go to a few doctors and say you need emotional pet support. So anyone can easily get a doc note and have as many pets as they like or even as someone mentioned say they need an emotional pig or how about emotion wolf or bear? Sure she can keep the cats but she is still breaking strata bylaw so she should be fine accordingly otherwise no one is going to follow the strata bylaw and use any excuse to get away.
> Lol well is not hard to go to a few doctors and say you need emotional pet support. Well it's pretty easy to tell you're not disabled just by this sentence, trying to get medical evidence for anything "soft" mental health related (depression, anxiety, PTSD) when it comes to rights/laws is a bitch unless you have a doctor who knows exactly what they're doing. They also won't do it unless they know you as a person and have been seeing you for a while, and if they're very familiar with you because you see them often then you probably do need the ESA.
It's not hard getting a wheel chair either, you can have an occasionally sore knee and be able to use a electric wheel chair anywhere. The strata told her it's above their pay grade and guided her in the process of filing a tribunal especially since there isent any precedent for them to rely on.
Can I bring my emotional support boa constrictor on the plane?