March 28, 2024

We have discussed before the way condominium by-laws, which obviously set the rules for a collective of people living under the same roof have been forced to evolve over time due to changing laws. Changes have included, age restrictions, smoking and other things, especially pets.

SERVICE ANIMALS IN CONDOMINIUMS

I receive calls from people with respect to certain issues that exist out there in the real estate market. One of those calls was an interesting one which had to do with “service animals” and how they might be reconciled against condominium complexes’ “no pets policies” or policies speaking to limitations on types or sizes of Pets. The conflict is based in the Human rights code of Manitoba which prohibits discrimination based on disability. Mental illnesses or physical disabilities would likely all fall under the definition of disability, so if someone legitimately needs a service animal then the right to have the animal likely may set aside the condominium’s no pet/pet limit policy.

 I say “may” because there is a couple of issues that come into play. Firstly, it appears the code requires that any “service animal” is an animal that is specifically trained to provide care related to a person’s disability, so an animal does not automatically qualify, it may need to have special training or designation.

 The most obvious example is a dog which assists people with sight impairment. Apparently, there is an expanding list of animals that might now, or later, qualify as legitimate “service animals”. There are, I understand, animals that assist with seizure care, people that are deaf, and even those that assist with medication timing. It appears that condominium corporations have a duty to reasonably accommodate a person’s special needs as it relates to their disability.

 I would imagine that condominium corporations are working through this definition and likely it is, for the most part, working out, because people would not want conflict in this area and do not want a person who needs help to be at a disadvantage. However, for some, it may be an issue.

**as always, every situation is different and laws can change, if you have doubts, call someone.

This information courtesy of:

GORD STEEVES

B.A., LL.B. Barrister, Solicitor and Notary Public
200 600 St. Anne’s Road
WINNIPEG, MB., R2M 2S2

For more information, please contact……
Michael Leclerc
Royal LePage Top Producers
Winnipeg MB
Phone (204) 792-6453