Each strata corporation is governed by a set of bylaws. Bylaws outline the rights and obligations of the owners of the strata lots as well as the obligations of tenants, occupants or visitors of such owners. For example, strata bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation and for the administration of the strata corporation.
Unless a strata corporation files customized bylaws with the Land Title Office, the applicable bylaws are set out in the Schedule of Standard Bylaws attached to the Strata Property Act of British Columbia. The Schedule of Standard Bylaws can be found here: http://www.bclaws.ca/civix/document/id/complete/statreg/98043_18
Bylaws may impose restrictions on pets (Ex. the type of pets, breed of pets, number of pets, size of pets, weight of pets, etc.). Please note that bylaw 3(4) of the Schedule of Standard Bylaws includes a restriction on pets.
A bylaw that prohibits a pet generally does not apply to:
- A pet living with an owner, tenant or occupant at the time that the bylaw is passed and which continues to live there after the bylaw is passed;
- A guide dog;
- A service dog; or
- A dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.
The terms “guide dog”, “service dog” and “retired guide or service dog team” have the meanings set out in the Guide Dogs and Service Dog Act of British Columbia. Please note that these dogs must be trained to perform specific tasks and must be certified.
With respect to service dogs, the dog must be certified in accordance with the Guide Dogs and Service Dog Act and Guide Dogs and Service Dog Regulation of British Columbia. The application for a new certificate and the renewal of an existing certificate can be found here: https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/human-rights/guide-animals/spd0801-non-accredited.pdf
A valid certificate must be in the prescribed form (see below) and must not be expired.
It is an offence under the Guide Dogs and Service Dog Act of British Columbia to represent a dog as a guide dog or service dog when it is not properly trained and certified. The penalty for this offence is a fine of up to $3,000. Note, an emotional support animal is not the same as a guide dog or service dog.
If you have any questions regarding strata bylaws or guide or service dogs, please do not hesitate to reach out to one of our lawyers practicing in the area of real estate law.
Author: Danielle (Dani) Brito
This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of real estate law at the following:Jennette Vopicka: email@example.com Danielle (Dani) Brito: firstname.lastname@example.org Jane Otterstrom: email@example.com Una Gabie: firstname.lastname@example.org Sasha Platz: email@example.com