It’s good to have a dog that hasn’t been a problem but there are bigger issues to consider before you buy a new home for the both of you.
When you find an apartment that you like, ask the estate agent if there will be any problem with owning a dog. If they say yes, look elsewhere. But even if they say no, check the building’s by-laws. The current standard or model pet by-law says you need written permission for a pet but the Owners Corp can’t unreasonably refuse permission.
However, the building you are looking at may have been established before that came in and, in any case, every strata plan has the option to change its by-laws and they may have changed theirs to ban pets altogether. If that’s the case, again, look somewhere else.
If they do have the “not unreasonably refuse” by-law then you need to check if they have ever actually allowed pets before. If they have, then you should get references from your neighbours and your rental agents to prove your dog is not going to be a problem. If they haven’t, you need to find out if this is because they have actively refused or if they just haven’t had anyone ask the question.
The other possibility is that they have a by-law that allows pets under certain conditions. You need to know what those conditions are and if your pooch fulfills them.
This sounds like a hassle but it’s not rocket surgery. All you need to know will be contained in the by-laws and the minutes of the EC which should be scrutinised when you get your searches done on a place you like.
If you get to the point of making an offer, insist that the solicitor handling the purchase checks that there will be no impediment to having a well-behaved dog in the apartment. We have had a case in this website of a purchaser whose solicitor neglected to tell her that even though the the building had the “not unreasonably refuse” by-law, they were planning to bring in a pet ban, which happened between exchange of contracts and settlement.
So demand all possible checks but once you get that OK, you are fairly safe to go ahead.
What you definitely don’t do is go into a building that has a history of banning pets and think that by some legalistic jiggery-pokery, you will be able to get your little pal into the building. This is a recipe for heartache for you and little Fido (not to mention the people who have decided they don’t want pets as neighbours).
There are plenty of apartment blocks around that welcome dogs – don’t buy into a place that hates them
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.