August 24, 2016 - A Toronto radio (680 News) recently spoke of a dog left unattended on a condo balcony. The animal was left there for over three hours, while the outside temperature was around 37 degrees Celsius. Concerned about the welfare of the dog, a close neighbor called the police.August 24, 2016 - A Toronto radio (680 News) recently spoke of a dog left unattended on a condo balcony. The animal was left there for over three hours, while the outside temperature was around 37 degrees Celsius. Concerned about the welfare of the dog, a close neighbor called the police.
The Toronto police sent to the scene explained that this type of situation is not easy to manage. In Toronto, there remains a gray area during interventions in a co-ownership. For example, if there is security staff, the latter will prevent anyone from entering the unit, unless accompanied by a police officer. In other cases, they will not let anyone enter, even though there is a police officer present, reports 680 News.
Even if the said neighbor had called the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), the result would have been the same. Its inspectors are authorized to enter a private residence only with a warrant. Therefore, nobody except the owner of the apartment, could really bring assistance to this animal.
Lash condo / Law reports that to leave a dog unattended on its balcony can be problematic for various reasons. In addition to its well-being which could be affected, sanitary considerations and good neighborliness must also be taken into account. A dog left by itself on a balcony may urinate, or defecate thereon, and bark or whine. The situation may degenerate if its business was to fall on the balcony belonging to the neighbor below. In short, this occurrence may create a nuisance to other co-owners.
Therefore, a Board of directors should impose clear rules concerning animals. It would be appropriate to include clauses in the By-Law of the immovable, so that it is not allowed to leave his dog alone on the balcony. Other provisions could target animals declared to be a nuisance. A Syndicate would henceforth be justified to ban the animal from the co-ownership.
With proper drafting, the By-law of the immovable should allow the entry of Directors in an apartment, should an animal be left unattended (on the balcony) for a certain period. This measure would be particularly relevant if it were deprived of food and water, and the outside temperature reached extreme levels.
These By-laws should be drafted with the assistance an experienced lawyer or Notary. A syndicate could thus be well informed and take useful and sensible action. Be aware that in Ontario, a person convicted of cruelty towards an animal can be fined or even imprisoned. It is the same in Quebec, since the Civil Code of Québec recognizes that animals are intelligent beings endowed with sensitivity.
Montreal, August 24, 2016
Source: Lash / Condominium Law
