Residents ﬁghting back after condo board proposes pet ban
By News Staff
23 August 2016
When one envisions a trendy Torontonian living in one of the city’s
flourishing condo communities, the image of a fashionable figure
walking a small dog while cradling a tall latte comes to mind.
The latte can stay, but the dog could be gone if a condo board succeeds
in painting a new picture of a pet-free life at two CityPlace buildings.
3 Navy Wharf and 5 Mariner Terrace
Some residents at 3 Navy Wharf and 5 Mariner Terrace are barking mad
after alleging the board slipped the proposal to ban pets into this
year’s budget package.
CityNews reached out to the board president, but he wasn’t immediately available for comment.
Residents already living with pets would be allowed to keep them, but
no new pets would be allowed if the proposal comes to fruition. Guide
dogs would be an exception.
Condo owners opposed to the ban are now rallying to fight the board’s proposal.
If 15 per cent of owners come forward, a majority-rules vote will take place.
A petition, written by Kirti Shetty, is being circulated on Facebook (below).
In the petition, Shetty calls the proposed changes “draconian” and
accuses the board of “sneaking” the change through the budget package.
She also argued that condo owners could lose out financially. “A vast
majority of the residents living in downtown Toronto have pets and
consider it a major part of their lifestyle,” she wrote.
“This will seriously impact the resale value of our condos as well as rental potential of our units.”
Gary Pieters, president of the CityPlace Residents Association, believes the board hasn’t been transparent enough.
communication is essential
“If you are going to be implementing new rules, communication is
essential so that you can hear the concerns of your owner/residents,”
he said. “We are all part of a shared community and as a shared
community we have to be able to co-exist harmoniously.”
“This is a pet-friendly neighbourhood,” he emphasized.
But Pieters admits there have been complaints, specifically about dog
owners not cleaning up after their pets, and sometimes leaving them on
balconies unattended. There have also been concerns about wear and tear
and dogs being left off their leashes.
“There are issues with some of our pet owners…” he said. “But I also
see very loving pet owners in this neighbourhood who really take care
of their pets and nurture their pets as an extended part of their
family. So I see both sides.”
Real estate lawyer, Bob Aaron, said one of the problems is a large
number of condo units are rented, and renters are virtually shut out of
the conversation legally.
“Renters have no say in the operation of the condominium,” he said.
“They can make noise and let their feelings be known…but they can’t
participate in the vote, unless they have a proxy (written permission)
from their landlord to vote.”
“The condo owners have the final say,” he added. “If they don’t like
the rule…15 per cent can call the meeting and then it’s majority rule.”
There’s also another option.
call a meeting to replace the board
“The other thing the owners can do is…call a meeting to replace the
board members and that has happened,” he notes. “If you don’t like the
board you can replace them.”
Making matters more complicated—residents at the two buildings say they
currently pay for a dog park with a portion of their condo fees, a
detail that Aaron called “unfair” should the ban go through.
Toronto condo owners barking mad over proposed pet ban
By: May Warren
24 August 2016
A condo board proposal to ban pets in their buildings has left some CityPlace residents barking mad.
“I think it’s just outrageous,” said dog owner Prasanthy Kudrati, who lives at 3 Navy Wharf Court.
Krudrati said her building and 5 Mariner Terrace are governed by the same condo board, which is proposing a ban on pets.
new residents would be barred from owning dogs or cats
Under the proposed rules, Kudrati said existing owners would be able to
keep their animals, but new residents would be barred from owning dogs
Service animals under 25 pounds would still be permitted, she said.
The president of the condo board did not return Metro’s request for comment Wednesday.
A petition against the ban is currently posted at the concierges
A petition against the ban is currently posted at the concierges for
both buildings. If 15 per cent of owners sign the petition, the condo
board won’t be allowed to implement the change without a majority vote.
Gary Pieters, president of the CityPlace Residents Association, said
he’s not taking sides but called for a “transparent discussion” on the
In dense, vertical neighbourhoods with limited green space, Pieters
said tensions between animal owners and other tenants are bound to pop
up. He said he’s received complaints about dogs defecating in shared
areas and being left unattended on balconies.
may not even be legally enforceable
“But that is not the rule it’s the exception, it’s not an epidemic,” he said.
Condo lawyer Denise Lash said the blanket ban on pets may not even be
legally enforceable, as it wasn’t contained in the condos’ original
It would also leave renters in a tight spot, Lash said.
The Landlord and Tenant Act explicitly states tenants cannot be barred
from owning pets, but Lash said tenants are also obligated to comply
with the condo board’s rules.
“Renters really can’t do anything, they have to communicate through their owner,” Lash said.
Pet ban at 2 CityPlace condo buildings has residents howling
With files from Chris Glover and Kate McGillivray
prohibiting pets from going on the grass in the CityPlace complex. Two
condo building in the development have moved to ban new pets, in spite
of an outcry from some residents. (Kate McGillivray/CBC)
Two CityPlace buildings have shut the door on any new pets—a move
that's not only raised the hackles of some residents, it's also raised
questions about whether the condo board actually has the authority to
The condo board responsible for 3 Navy Wharf Ct.and 5 Mariner Terrace
passed the ban Thursday, despite an outcry from pet owners who live
"It totally crushed me. I was like, 'Why would they even propose this?'" said Stan Liu while walking his dog Max.
the board tried to sneak the ban past owners
Liu believes the board tried to sneak the ban past owners by burying
the new rule in a 17-page package with several other mundane changes.
Some residents, like Shirin Dason, moved into one of the buildings specifically because they were dog-friendly.
"We actually only looked at condos that would allow dogs," she said.
Her shih tzu, Olive, is allowed to stay — the rule will only ban new pets from being brought in.
Leading up to the rule change, the condo board wrote to residents,
saying it was bringing the ban in after numerous pet-related complaints.
Is it allowed?
Complaints or not, condo and real estate lawyer Gerry Miller said he
isn't sure if the condo board's new ban will be enforceable.
He said that it all comes down to the condo building's original rules,
called the condo declaration, which was written when the buildings were
"Let's say you have a declaration that permits one cat and one
dog—that's typically what it says—[this new rule] that totally
prohibits pets could
very well be unenforceable, provided an owner takes the board of directors
to task for it."
no prohibitions on pets
In a section of the building's declaration, obtained by the CBC, there were no prohibitions on pets.
Miller said that a declaration can only be changed if 90 per cent of
condo owners agree to it, something residents said they were never
'Everything is in the fine print'
Kirti Shetty is the resident who first noticed the new rule in the 17-page document given to people in the buildings.
"Unlike most people, I work in a bank so I actually read things, because everything's in the fine print," he said.
Shetty says he doesn't think the ban is fair, and made an effort to bring about an owners' meeting where they would vote on it.
Though that effort failed, he said that he thinks any kind of legal action should be their last resort.
He said he wants to do what the condo board didn't, and have a conversation with owners and residents about a compromise.
Toronto condo board’s pet ban sparks vigorous debate
The Globe and Mail
26 August 2016
Condominiums and dogs are inseparable from most street-level views in
downtown Toronto. Whether canines are allowed through the front door is
another story and, at times, a bone of contention.
The latest incident involving condo residents and their dogs occurred
at two CityPlace buildings this week. A five-member condo board at 3
Navy Wharf and 5 Mariner Terrace passed a rule on Thursday that bans
pets, with a grandfather clause attached. When the proposal was
unveiled earlier this month, a petition – written by a resident of one
of the buildings – attempted to drum up opposition, referring to the
prospect of a ban as “draconian” and unfair. To quash the proposal, a
majority of 15 per cent of owners would have had to vote against.
The issue has exposed one of the more delicate tensions of condo living, leaving dogs in the crossfire.
“It’s one more way to discriminate against animals,” said Nicole Zand,
an eight-year condo owner at 3 Navy Wharf, who was walking her
pocket-sized Chihuahua through the complex’s dog park – a small,
graveled strip tucked away behind one of the buildings. “You can’t let
dogs into most places in Toronto already.”
Others believe owning a dog comes with a caveat. Special consideration
and responsibility is owed not only to dogs, but neighbours of a
condensed housing complex, says Uzo Menakaya, another resident of the
“If your dog is vicious, definitely get it muzzled,” he said. “Sweeping
dog [poop] off a balcony, that’s obviously a problem. If you’re going
to have a dog, just make sure you’re taking care of your pets.”
Some pet-less residents aren’t perturbed by sharing spaces with dogs – they welcome them, in fact.
“I don’t have an issue with it,” said Jason Jose, from 5 Mariner
Terrace, located a stone’s throw from the adjacent condo. “I think it
creates a good community to have pets around.”
even if dogs are allowed in a building that could change over time
Unsurprisingly, those eager to experience downtown condo living must
shop for a space that accommodates their dogs. This might not seem like
a tall order given the surplus of condos to choose from. But even if
dogs are allowed in a building that could change over time, says
Christopher Jaglowitz, partner at Gardiner Miller Arnold LLP, a law
firm with a specialization in condominium law.
Condo boards, made up of at least three elected directors, function at
the disposal of the communities they represent – democratic microcosms
of sorts. Sitting on the board is a voluntary position and changes
tri-annually, and condo units change hands themselves.
With this in mind, a pet ban, Mr. Jaglowitz says, can be justified if a majority of unit owners come forward with complaints.
“It may be that pets are or are not consistent with how that community
is set up: how it’s physically laid out, the demographic of the
people,” he says. “We do see cases where condo boards are changing.
They might phase out having pets in the condominium if people have not
taken care of their pets responsibly.
“The largest sources of disputes in condominiums are people, pets and parking,” he added.
Gary Pieters, president of CityPlace Residents’ Association, says there
are many pet owners living in both buildings. Over the years, he has
heard complaints of dogs being pent-up in condo units soiling carpets
and ripping up communal areas. Banning them, he says, has still
“amplified tensions between the board and pet owners. People who have
pets in 2016 treat them as family members. The decision will likely
have implications. A ban on anything involving someone’s home has
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